Kerala High Court
Harikumar @ Hari vs State Of Kerala on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
CRL.M.APPL.NO.2/2022 IN CRL.A NO.938 OF 2022
SC 1119/2018 OF FAST TRACK SPECIAL COURT, PERUMBAVOOR
PETITIONER/APPELLANT:
HARIKUMAR @ HARI, AGED 24 YEARS,
S/O. DHARMARAJ, PUTHEN VEEDU,
CHEEYAMBAMKARA, ERULAM VILLAGE,
PULPPALLI TALUK, WAYANAD DISTRICT - 673579.
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
Application praying that in the circumstances stated therein the
High Court be pleased to issue an interim order suspending the execution
of sentence passed against petitioner in S.C.No.1119/2018 on the files of
the Fast Track Special Court, Perumbavoor and enlarge him on bail, pending
disposal of the above appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.K.S.SREERAJ, J.RAMKUMAR, Advocates
for the petitioner and of the PUBLIC PROSECUTOR for the respondent,the
court passed the following:
P.T.O.
P.G. AJITHKUMAR, J.
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Crl.Appeal No 938 of 2022
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Dated this the 11th day of April, 2024
ORDER
This is a petition filed by the appellant under Section 389(1)
of the Code of Criminal Procedure, 1973 (Code). The petitioner
would contend that he is innocent and there is every chance for
allowing the appeal and acquitting him. In such circumstances, he
claims that he is entitled to get execution of his sentence
suspended.
2. The learned Public Prosecutor opposes the petition.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
4. The learned Public Prosecutor would submit that victim
was impregnated as a result of the penetrative sexual assault
committed by the petitioner and she eventually gave birth to a
child. The evidence on record shows that the victim and the
petitioner were in love which subsequently fell through. Even the
parents agreed for their marriage. But owing to the tenderage, the
marriage did not take place. Having gone through the impugned
judgment, it is seen that the findings leading to the conviction of
Crl. A 938 of 2022
the petitioner are prima facie correct. However, considering
the development pre and post conviction and also the fact
that petitioner has been in jail since 31.08.2021, a lenient
view in the matter of suspension of execution of sentence can
be taken. The child born in the relationship between the
petitioner and the victim is now living with the victim who is
married to another person. In such circumstances, the
possibility of the petitioner interfering with the life of the
victim, in the even of his release on bail, is unlikely.
Accordingly this petition is allowed and execution of
sentence imposed to the petitioner is suspended on his
executing a bond for Rs.1,00,000/- (Rupees one lakh only),
with two solvent sureties for the like amount each, to the
satisfaction of the trial court, subject to the following
conditions:
i) He shall deposit entire fine amount in the trial
court within one month;
ii) He shall not enter the local limits of Idukki
Revenue District till the final disposal of this
appeal;
Crl. A 938 of 2022
iii) During the bail period, he shall not get
involved in any offence; and
iv) He shall not contact or try to intimidate the
victim or witnesses examined in the case.
In case of breach of any of the above conditions, the
prosecution shall be at liberty to apply before this Court for
cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR,
JUDGE
SM
11-04-2024 /True Copy/ Assistant Registrar
