Kerala High Court
Sreenath vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 600 OF 2024
SC 1306/2022 OF FAST TRACK SPECIAL COURT II, THRISSUR
APPLICANT/APPELLANT:
SREENATH ,AGED 24 YEARS, S/O. SUBHASH, KOOTALA VEEDU, PONALLUR
DESOM, MANALUR, KANJANI,THRISSUR- 680612
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY 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
applicant/appellant by the judgment of guity of conviction and sentence in
S.C.No.1306 of 2022 on the file of the Court of Special Judge, Fast Track
Special Court-II,Thrissur (Sessions Division Thrissur) dsated 21-03-2024
and release the applicant/appellant on bail , pending disposal of the
above criminal appeal in the interests of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.NANDITHA S., P.M.RAFIQ, AJEESH
K.SASI, M.REVIKRISHNAN, SRUTHY N. BHAT, RAHUL SUNIL, SRUTHY K.K, NIKITA J.
MENDEZ, SOHAIL AHAMMED HARRIS P.P., 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.M.A.No.1 of 2024
in
Crl.Appeal No.600 of 2024
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Dated this the 12th 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. He, therefore,
seeks to suspend execution of the sentence.
2. 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. The learned Public Prosecutor
accordingly seeks to dismiss the petition.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
4. The petitioner was convicted for the offence
Crl. M.A. No.1 of 2024 in
punishable under Sections 354 and 363 of the Indian Penal
Code, 1860 and under Section 7 read with Section 8 of the
Protection of Children from Sexual Offences Act, 2012. The
term of sentence the petitioner has to undergo is
imprisonment for 5 years. He has been in jail since
21.03.2024 on which date he was convicted.
5. Having regard to the facts and circumstances of the
case, I am of the view that execution of the sentence imposed
on the petitioner can be suspended subject to conditions.
Accordingly, this petition is allowed and the petitioner is
granted bail by suspending execution of the sentence 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) He shall not enter the local limits of Anthikad Police
Station till the final disposal of this appeal;
Crl. M.A. No.1 of 2024 in
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
SMF
12-04-2024 /True Copy/ Assistant Registrar
