Kerala High Court
Mahesh.P.K vs State Of Kerala on 3 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 3rd day of May 2024 / 13th Vaisakha, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 494 OF 2024
SC 814/2019 OF FAST TRACK SPECIAL COURT, KANNUR
APPLICANT/APPELLANT:
MAHESH.P.K., AGED 41 YEARS, S/O.NANU, PANDAKKAL KUNIYIL HOUSE,
KIDENHI, P.O.PERINGATHUR, KANNUR DISTRICT., PIN - 670675
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to allow this Criminal Appeal ,set aside the
judgment of guity of conviction and sentence in S.C.No.814 of 2019 on the
files of the Honourable Special Judge , Fast Track Special Court , Kannur
dated 27.02.2024 and acquit the appellant/accused of the offences , 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.D.ARUN BOSE, K.VISWAN, NIDHIN S.
KUMAR, 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.494 of 2024
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Dated this the 3rd day of May, 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. He, therefore, seeks
to suspend execution of the sentence.
2. The learned Public Prosecutor opposes the petition
by contending that the evidence adduced by the prosecution
proved beyond doubt that the petitioner had committed the
offence alleged against him. The offence proved against the
petitioner is grave. The learned Public Prosecutor accordingly
seeks to dismiss the petition.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
4. The petitioner was convicted for the offence
Crl.M.A.No.1 of 2024 in
punishable under Sections 354(A)(1)(i) and 506(i) of the
Indian Penal Code, 1860 and under Sections 7 r/w 8, 9(l)(m)
r/w 10 of the Protection of Children from Sexual Offences Act,
2012. The term of sentence the petitioner has to undergo is
imprisonment for five years. He has been in jail since
27.02.2024 on which date he was convicted.
5. Having regard to the facts and circumstances of the
case, I am of the view that execution of the sentence imposed
on the petitioner can be suspended subject to conditions.
Accordingly, this petition is allowed and the petitioner is
granted bail by suspending execution of the sentence 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 entire fine amount in the trial court within
one month;
ii) He shall not enter the local limits of Valapattanam Police
Station till the final disposal of this appeal;
Crl.M.A.No.1 of 2024 in
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
dkr
03-05-2024 /True Copy/ Assistant Registrar
