Kerala High Court
Jose Rajan 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.1/2023 IN CRL.A NO. 1894 OF 2023
SC 1315/2022 OF FAST TRACK SPECIAL COURT, PERUMBAVOOR
APPLICANT/APPELLANT:
JOSE RAJAN ,AGED 64 YEARS, S/O. RAJAN, MARANGATTU HOUSE,
MANACKAPPADY, ALLAPRA, VENGOLA VILLAGE - 683556
RESPONDENT/RESPONDENT:
STATE OF KERALA ,REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM- 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the
appellant/applicant by the judgment of conviction and sentence in judgment
dated 31st October, 2023 on the files of Fast Track Special Court ,
Perumbavoor, in Sessions Case No.1315/2022 , which arose out of Crime
No.1382/2022 of Perumbavoor Police Station and release the
applicant/appellant on bail , pending disposal of the above Criminal
Appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.THOMAS GEEVERGHESE, TONY THOMAS
(INCHIPARAMBIL), E.S.FIROS, AMRUTHA K.P., SRADHA MOHAN, ARUN PAUL JACOB,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
p.t.o
P.G. AJITHKUMAR, J.
-----------------------------------------------------
Crl.M.A.No.1 of 2023
in
Crl.A.1894 of 2023
------------------------------------------------------
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. He
was on bail during the trial of the case. In such
circumstances, he claims that he is entitled to get execution
of his sentence suspended.
2. The learned Public Prosecutor filed an objection on
behalf of the respondent. It is contended that the evidence
adduced by the prosecution proved beyond doubt that the
petitioner had committed the offence alleged against him. The
offence proved against the petitioner is grievous. On account
of the offence he has committed and the consequent
ostracisation, the victim, who was aged only 10 years at the
time of occurrence, has been put to untold miseries.
Crl.M.A.No.1 of 2023 in
Crl.A.1894 of 2023
Considering the gravity and nature of the offence and the
tenure of the sentence imposed, the petitioner is not entitled
to get an order to suspend the sentence.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
4. The petitioner was convicted for the offence
punishable under Section 354 of the Indian Penal Code, 1860
and under Section 9(m) read with Section 10 of the Protection
of Children from Sexual Offences Act, 2012. The term of
sentence the petitioner has to undergo is imprisonment for 5
years.
5. The learned Public Prosecutor opposes the
petitioner mainly on the ground that the petitioner has
involved in another similar crime where the trial was yet to be
concluded. The said case, namely, Sessions Case No.134 of
2022 is pending trial before the Fast Track Special Court,
Perumbavoor.
6. The learned Public Prosecutor, on instructions,
would submit that evidence on the side of the prosecution in
Crl.M.A.No.1 of 2023 in
Crl.A.1894 of 2023
S.C.No.134 of 2022 is completed and the petitioner was
examined under Section 313(1)(b) of the Code. In view of
that the possibility of possibility of intimidating the witnesses
in that case stands alleviated. Considering the nature and
circumstances of this case and also the fact that the petitioner
has been in jail since 31.10.2023, I am of the view that he is
entitled to get execution of the sentence suspended.
Accordingly, this petition is allowed and the petitioner is
granted bail on his executing a bond for Rs.50,000/- (Rupees
Fifty thousand 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) During the bail period, he shall not get involved in any
offence; and
iii) 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
Crl.M.A.No.1 of 2023 in
Crl.A.1894 of 2023
prosecution shall be at liberty to apply before this Court for
cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
11-04-2024 /True Copy/ Assistant Registrar
