Ratheesh R vs State Of Kerala
2024 Latest Caselaw 15731 Ker

Kerala High Court

Ratheesh R vs State Of Kerala on 6 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
                CRL.M.APPL.NO.1/2021 IN CRL.A NO.429 OF 2021
   SC 883/2016 OF 1ST ADDITIONAL SESSIONS COURT (SPECIAL COURT), PALAKKAD
APPELLANT/ACCUSED:

     RATHEESH R., AGED 23 YEARS,
     S/O.RAJAMANI, KUDUMPAPOTTA UPPUTHODE,
     ERATTAKULAM, ELAPPULLY, PALAKKAD DISTRICT.

RESPONDENT/COMPLAINANT:

     STATE OF KERALA,
     REPRESENTED BY THE STATION HOUSE OFFICER,
     KASABA POLICE STATION, PALAKKAD DISTRICT,
     THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
     (CRIME NO.701/2016, KASABA POLICE STATION, PALAKKAD).


     Application praying that in the circumstances stated threrein the
High Court be pleased to suspend the exeution of the sentence and the
appellant may be released on bail till the disposal of the above appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.VISHNUPRASAD NAIR, 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 2021
                                in
                    Crl.A. No.429 of 2021
       ---------------------------------------------------
              Dated this the 6th day of June, 2024
                          ORDER

This is a petition filed by the appellant under

Section 389(1) of the Code of Criminal Procedure, 1973

(Code), seeking suspension of execution of sentence. The

petitioner was convicted for the offence punishable under

Section 376(2)(n) of the Indian Penal Code, 1860 and

Section 5(l) r/w 6 of the Protection of Children from Sexual

Offences Act, 2012. The term of sentence the petitioner has

to undergo under the impugned judgment is 10 years. The

petitioner seeks to suspend the execution of sentence,

essentially on the ground that he already had undergone

more than 50% of the period of sentence, and that the

likelihood of hearing and disposal of the appeal in a near

future, is unlikely.

2. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

3. Learned counsel for the petitioner would point out

a few circumstances, which are sufficient, in his view, to set

aside the impugned judgment. Having regard to the

submissions on either side and the observations in the

judgment, I am unable to accept the said contentions at this

stage. It is a fact that this appeal, being of the year 2021, is

not able to be heard and decided immediately. When the

petitioner has been in jail since the date of conviction and the

period of detention by now is more than 50% of the sentence

imposed, it is only appropriate to suspend the execution of

sentence subject to conditions in order to safeguard the

interest of the victim.

In the circumstances petition is allowed, subject to

strict conditions. Execution of the sentence is suspended and

bail is granted to the petitioner on his executing a bond for

Rs.1,00,000/- (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 50% of the fine amount within two

months;

ii) He shall not enter the local limits of Kasaba Police

Station, Palakkad 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

SSK/06/06

06-06-2024 /True Copy/ Assistant Registrar