Kerala High Court
Xxxxxx 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.1/2024 IN CRL.A NO.473 OF 2024
SC 680/2022 OF THE FAST TRACK SPECIAL COURT, CHENGANNUR
APPLICANT/APPELLANT:
XXXX
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 Judgment of conviction and sentence dated
15.01.2024 in S.C.No.680 of 2022 on the file of the Fast Track Special
Judge, Chengannur (Sessions Division, Alappuzha).
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.C.HARIKUMAR, SANDRA SUNNY, ARUN
KUMAR M.A, FARAH JYOTHI PRADEEP, RAJU M.C., ANTO VINU YESUDASAN, 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.473 of 2024
-----------------------------------------------------------
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. The learned Public Prosecutor opposes the petition
by contending that two girl children were sexually assaulted
by the petitioner. It is seen that the petitioner is a relative and
when he reached the house of the victims, such an incident
occurred. The offence is grave in nature. The petitioner has
been in jail since 15.01.2024, on which date he was
convicted. The period of sentence imposed is five years under
Section 10 of the POCSO Act. Considering the facts and
circumstances of the case, I am of the view that execution of
Crl.M.A. No.1 of 2024 in
sentence can be suspended subject to conditions.
3. 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 Chengannur
Police 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
