Kerala High Court
Ajesh 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. 549 OF 2024
SC 73/2017 OF ADDITIONAL SESSIONS COURT-II ALAPPUZHA
APPLICANT/APPELLANT:
AJESH ,AGED 48 YEARS ,S/O. SOOLAPANI, RAREERAM VEEDU, WARD NO. 6,
PUNNAPRA NORTH PANCHAYATH, NOW RESIDING AT LUCY VILLA, EAST OF
GURUMANDIRAM, WARD NO. 16, PUNNAPRA NORTH PANCHAYATH, ALAPPUZHA
DISTRICT , PIN - 688003
RESPONDENT/RESPONDENT:
THE 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 pass an order to suspend the execution of
sentence passed against the applicant/appellant vide judgment dated
16/3/2024 in S.C.No.73/2017 on the file of Addl.Sessions Court-
II,Alappuzha , during the pendency of above Criminal Appeal , so as to
secure the ends of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.G.PRIYADARSAN THAMPI, Advocate 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 2024
in
Crl.Appeal No.549 of 2024
..........................................................
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. It
is further pointed out that the petitioner was the accused in two other
crimes involving serious offences and a rowdy history was opened
against him in 2018. 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 punishable
under Section 307 of the Indian Penal Code, 1860. The term of
Crl.M.A.No.1 of 2024 in Crl.Appeal No.549 of 2024
sentence the petitioner has to undergo is imprisonment for five years.
He has been in jail since 16.03.2024 on which date he was convicted.
5. In the other two cases where the petitioner was an
accused also serious offences were alleged. He was acquitted in both
the said cases after trial. Therefore, the same cannot be a reason for
dismissing this petition. However, such a history of the petitioner
impels this Court to take a strict view even while suspending
execution of the sentence. Having regard to such facts and
circumstances, 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.1 lakh (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) The petitioner shall report before the Station House
Officer, Punnapra Police Station every Wednesday
between 03:00 p.m. and 03:30 p.m. He shall not enter
the local limits of Punnapra Police Station for a period of
Crl.M.A.No.1 of 2024 in Crl.Appeal No.549 of 2024
three months from today except for complying the
aforesaid condition;
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/dkr
12-04-2024 /True Copy/ Assistant Registrar
