Manoharan vs State Of Kerala
2024 Latest Caselaw 11686 Ker

Kerala High Court

Manoharan vs State Of Kerala on 25 April, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
          Thursday, the 25th day of April 2024 / 5th Vaisakha, 1946
                 CRL.M.APPL.NO.1/2024 IN CRL.A NO.729 OF 2024
              SC 377/2023 OF FAST TRACK SPECIAL COURT, PALAKKAD
APPLICANT/APPELLANT:

     MANOHARAN, AGED 26 YEARS,
     S/O.ARUMUGHAN, CHULLICHALA VEEDU, CHOTTIPPARA, CHATHAMANGALAM P.O.,
     NENMARA, PALAKKAD- 678508.

RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM, PIN - 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the applicant by
the judgment, conviction and sentence in S.C.No.377/2023 of the Court of
Fast Track Special Court, Palakkad, dated 05.04.2024 and release the
applicant on bail pending disposal of the above Criminal Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI V.A.JOHNSON (VARIKKAPPALLIL),
Advocate for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:




                                                                      P.T.O.
                                C.S.SUDHA, J.
               ----------------------------------------------------
                         Crl.M.A.No. 1 of 2024 in
                        Crl.Appeal No.729 of 2024
               ----------------------------------------------------
                  Dated this the 25th day of April 2024

                                  ORDER

This is an application for suspending the sentence in SC

No.377/2023 where the accused has been convicted and sentenced

to undergo rigorous imprisonment for three years and to pay an

amount of ₹20,000/- for the offence punishable under Section

354A(1)(i) read with Section 354 A(2) IPC and also to rigorous

imprisonment for two years and to pay ₹20,000/- for the offence

punishable under Section 451 IPC. Sentences have been directed

to run concurrently.

2. Heard both sides.

3. The application is allowed and the sentence shall stand

suspended till the disposal of the appeal, subject to the following

conditions :

i) The applicant shall be released on bail on

Crl.M.A.No. 1 of 2024 in

executing a bond for ₹50,000/- (Rupees fifty

thousand only) with two solvent sureties each

for the like sum to the satisfaction of the trial

court;

ii) The applicant shall deposit the fine amount

within a period of one month from the date of

this order.

iii) He shall not commit any offence(s) while

on bail;

iv) If the conviction and sentence of the

applicant is upheld or even modified, the time

during which he is so released shall be excluded

in computing the term of his sentence as

provided in Section 389 (4) Cr.P.C.

Sd/-

C.S.SUDHA JUDGE

Jms

25-04-2024 /True Copy/ Assistant Registrar