Kerala High Court
Xxxxxxx vs State Of Kerala on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
CRL.M.APPL.NO.1/2023 IN CRL.A NO.1685 OF 2023
SC 745/2020 OF FAST TRACK SPECIAL COURT, THRISSUR
APPLICANT/APPELLANT:
XXX
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 conviction and execution of sentence
passed against the Petitioner/Appellant by final judgment of conviction
and order on sentence dated 17.08.2023 passed by the Fast Track Special
Judge, Thrissur (Special Judge for Trial of POCSO offences) in Sessions
Case No.745/2020 pertaining to Crime No.308/2019 of Anthikkad P.S. and to
enlarge the petitioner on bail, pending disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.SUMODH MADHAVAN NAIR, ARUN MATHEW
VADAKKAN, 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 2023
in
Crl.Appeal No.1685 of 2023
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Dated this the 04th 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. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
3. The learned Public Prosecutor would point out that
the petitioner has been involved in two other similar cases,
and in one case, he was convicted. The allegations in the
other cases also are similar and the victims in the three cases
are sisters.
4. The learned counsel for the petitioner would submit
Crl.M.A. No.1 of 2023 in
that all the cases were foisted out of personal vendetta. Being
neighbours, there have been longstanding disputes between
them and out of that enmity, the cases were falsely initiated
against the petitioner. The allegations being the sexual assault
on girl children, I am unable to readily accept the said
contention of the learned counsel for the petitioner. However,
taking into account that the petitioner has been in jail since
17.08.2023, on which date he was convicted and the
contentions raised by the petitioner to assail the impugned
judgment deserve serious consideration, the sentence is liable
to be 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) He shall not enter the local limits of Anthikkad Police
Crl.M.A. No.1 of 2023 in
Station 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
SMF
04-04-2024 /True Copy/ Assistant Registrar
