Kerala High Court
Sreeni 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.326 OF 2020
SC 307/2015 OF 1ST ADDITIONAL SESSIONS COURT UNDER POCSO ACT, THODUPUZHA
PETITIONER/APPELLANT:
SREENI,S/O. KANIYAN, AGED 37,
KOODATHUMANA HOUSE, VAGAMON KARA,
VAGAMON VILLAGE,IDUKKI, 682 031
RESPONDENT/RESPONDENT:
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682 031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence of the petitioner in
connection with Sessions Case No.307 of 2020 on the file of the POCSO
Court, Thodupuzha, Idukki District for a period of 3 weeks so as to enable
him to perform various religious ceremonies in connection with the death
of his mother on whatever conditions this Honourable Court deems fit in
the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.P.MOHAMED SABAH, LIBIN STANLEY,
SAIPOOJA, 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.Appeal No.326 of 2020
............................................................
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).
2. 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 his sentence suspended.
3. The learned Public Prosecutor opposes the petition by
contending 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 the victim,
who is aged only 10 years, has been put to severe trauma and
miseries. Considering the gravity of the offence and the tenure of
the sentence imposed, the petitioner is not entitled to get an order
to suspend the sentence.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The petitioner was convicted for the offence punishable
under Section 376 of the Indian Penal Code, 1860 and Section 4 of
Crl.M.A.No.1 of 2023 in Crl.Appeal No.326 of 2020
the Protection of Children from Sexual Offences Act (POCSO) Act.
The term of sentence the petitioner has to undergo as per the
impugned judgment is imprisonment for 10 years.
6. The petitioner has filed an application for suspension
of execution of sentence earlier as Crl.M.A.No.2 of 2022. The said
petition was dismissed by this Court as per order dated
19.12.2022. Now the petitioner seeks suspension of execution of
sentence on the ground inter alia that he has already undergone
incarceration for more than four years.
7. The petitioner was convicted and sentenced on
29.01.2020, ever since, he has been in jail. During the period of
investigation, he was in jail from 08.03.2015 till 28.04.2015 and he
is entitled to get set off that period against the sentence. Hence,
the petitioner has completed morethan four years imprisonment in
connection with this case. Since the sentence he has to undergo is
ten years and he had already suffered incarceration for such a
period, I am of the view that execution of the sentence can be
suspended. I take such a view, also for the reason that the appeal
is not able to be heard and disposed of immediately for, a large
number of older matters are pending before this Court.
8. Accordingly, this petition is allowed and the petitioner
is granted bail on his executing a bond for Rs.1,00,000/- (Rupees
Crl.M.A.No.1 of 2023 in Crl.Appeal No.326 of 2020
one lakhonly), 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 two months;
(ii) He shall not enter the local limits of
Erattupetta and Pala Police Station limit, till the final
disposal of this appeal;
(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
Dxy
11-04-2024 /True Copy/ Assistant Registrar
