Kerala High Court
Muhammed vs State Of Kerala on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
CRL.M.APPL.NO.8/2023 IN CRL.A NO.169 OF 2021
SC NO.530/2009 OF THE FAST TRACK SPECIAL COURT, KOZHIKODE
PETITIONER/APPELLANT:
MUHAMMED, AGED 47 YEARS, S/O KUNCHAMMU,
AMBALATHINGAL HOUSE, CHENNAMANGALOOR,
MUKKAM, KOZHIKODE DISTRICT.
RESPONDENTS/RESPONDENTS:
STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM KOCHI 682 031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence against the petitioner as
per the judgment dated 23.02.2021 in SC No.530/2009 on the file of the
Fast Track Special Judge, Kozhikode pending disposal of the appeal.
This Application coming on for orders upon perusing the application
and this Court's order dated 26.08.2022 in Crl.M.A 1/21 therein and upon
hearing the arguments of M/S.K.M.SATHYANATHA MENON, SMT.KAVERY S THAMPI,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the respondent,
the court passed the following:
P.T.O.
P.G. AJITHKUMAR, J.
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Crl.Appeal Nos.153 and 169 of 2021
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Dated this the 21st day of May, 2024
ORDER
Crl.M.A.No.1 of 2023 in Crl.A.No.153 of 2021 and Crl.M.A.No.8
of 2023 in Crl.A.No.169 of 2021
The appellants filed these petitions in the respective
appeals seeking suspension of sentences under 389(1) of the
Code of Criminal Procedure, 1973. The petitioners,
respectively, are accused Nos.4 and 3 in Sessions Case
No.530 of 2009 on the files of the Fast Track Special Court,
Kozhikkode. The trial court convicted them, among others, for
the offences punishable under Sections 373 and 376 of the
Indian Penal Code, 1860. The period of sentence they have to
undergo in terms of the said judgment is 10 years.
2. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
3. The learned counsel for the petitioners would
contend that in consideration of the facts that accused Nos.5,
6, 7 and 9 were already released on bail by suspending the
Crl.Appeal No.153 and 169 of 2021
sentence, the petitioners have been in jail for a substantial
period of the sentence and evidence to prove guilt on their
part is deficient these petitions are liable to be allowed.
4. The learned Public Prosecutor opposes the petition
by controverting the aforesaid contentions of the petitioners
and also on the ground that petitions for suspension of
sentence filed earlier by the petitioners were dismissed. The
present petitions, therefore, deserve only to be dismissed.
5. Petitioners filed Crl.M.As. No.1 of 2021 in the
respective appeals seeking suspension of sentence. This
court, after considering along with similar petitions filed by
the appellants in the connected appeals, dismissed those
petitions as per the common order dated 26.08.2022.
Therefore these petitions cannot be considered on merits
again.
6. The petitioners were convicted and sentenced on
23.02.2021. They have been in jail since the said date. They
were granted interim bail for a short period. It is seen that
during the period when the petitioners remained in interim
Crl.Appeal No.153 and 169 of 2021
bail, they obeyed all the conditions imposed by this Court.
During investigation of the case, these petitioners were under
detention for a period of about two months. The petitioners
thus underwent detention for a substantial period; for more
than three years.
7. Even while ordering suspension of sentence
imposed on accused Nos.5, 6, 7 and 9, the request of this
petitioners for suspension of sentence was not entertained. It
was for the reason that the petitioners on multiple occasions
subjected the victim of offence to sexual invasion. However,
having the petitioners underwent detention for a substantial
period even after ordering suspension of sentence imposed on
accused Nos.5, 6, 7 and 9 and on taking into account the
period during which the petitioners have been in jail in
connection with this case, i am of the view that the present
petitions can be allowed on the similar conditions.
Accordingly, these petitions are allowed. Execution of the
sentence imposed on the petitioners/accused Nos. 3 and 4 will
stand suspended subject to the following conditions:
Crl.Appeal No.153 and 169 of 2021
i) They shall execute bonds for Rs.1,00,000/-
(Rupees One lakh only) each with two solvent sureties
for the like sum to the satisfaction of the trial court.
ii) They shall deposit the entire fine amount within
one month in the trial court.
iii) They shall surrender their passport before the trial
court within one month. If they do not have passport,
they shall file affidavits to that effect.
iv) They shall not leave the State of Kerala without the
permission of the trial Court.
v) They shall not enter into the jurisdiction of the
police station where the victim resides or try to contact
or intimidate her.
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
21-05-2024 /True Copy/ Assistant Registrar
