Kerala High Court
Girish Kumar vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
CRL.M.APPL.NO.1/2024 IN CRL.A NO.207 OF 2024
SC 1105/2022 OF FAST TRACK SPECIAL COURT, ALUVA
APPLICANT/APPELLANT:
GIRISH KUMAR, AGED 60 YEARS, S/O GOPALAPILLAI, THIRUMANGALAM HOUSE,
NEAR ARYAMPALLY MANA, KIDANGOOR KARA, THURAVOOR VILLAGE, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572.
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 execution of sentence passed against
the applicant/appellant vide judgment dated 31.01.2024 in S.C.No.1105/2022
of the Court of Fast Track Special Judge, Aluva, (for the Trial of Rape
cases and cases under the POCSO Act), 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 M/S.G.PRIYADARSAN THAMPI G,
A.K.MAYAKRISHNAN, 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.207 of 2024
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Dated this the 23rd day of February, 2024
ORDER
This is a petition filed under Section 389(1) of the
Code of Criminal Procedure, 1973.
The appellant/petitioner stands convicted for the
offence punishable under Sections 341, 354 of the Indian
Penal Code and Sections 8 read with Section 7 and Section
10 read with Section 9(m) of the Protection of Children from
Sexual Offences Act, 2012. The longest period of
imprisonment the appellant has to undergo in terms of the
sentence imposed is five years.
2. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
3. The learned Public Prosecutor opposes this petition
on the ground that a child about 9 years age was subjected to
sexual assault by the petitioner who is aged around 60 years.
Having gone through the judgment, it cannot be said that the
findings of the trial court are incorrect or illegal. However,
Crl.M.A. No.1 of 2024 in
considering the age of the petitioner and the period during
which he was already under incarceration, I am of the view
that the petition can be allowed and the sentence is
suspended subject to strict conditions.
Accordingly, the petition is allowed. The sentence
imposed on the petitioner is suspended and bail granted to
him on his executing a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum
to the satisfaction of the trial court, subject to the following
conditions:
i. the petitioner shall deposit the entire fine amount
before the trial court within one month.
ii. the petitioner shall not try to contact or venture
to pose any threat to the safety and security of
victim or any of the witnesses examined in this
case.
iii. the petitioner shall not involve in any offence
while on bail.
iv. the petitioner shall not enter the local limits of
Crl.M.A. No.1 of 2024 in
Ankamaly Police Station.
It is made clear that violation of any of the above
conditions will result in cancellation of his bail.
Sd/-
P.G. AJITHKUMAR, JUDGE
SMF
23-02-2024 /True Copy/ Assistant Registrar
