Kerala High Court
Shafeeque P vs State Of Kerala on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 645 OF 2024
SC 593/2022 OF FAST TRACK SPECIAL COURT, KOZHIKODE
APPLICANT/APPELLANT/ACCUSED:
SHAFEEQUE P, AGED 29 YEARS, S/O SAINUDHEEN, PATHIYIL HOUSE,
PULIKKALTHODI, NADHINAGAR, KALLAI P.O, KOZHIKODE. , PIN - 673003
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,
PANNIYANKARA POLICE STATION, PANNIYANKARA-673003 (THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM)
Application praying that in the circumstances stated therein the
High Court be pleased to direct the suspension of the execution of the
sentence and order dated 13-11-2023 of the Court of the Fast Track Special
Judge , Kozhikode in SC No.593 of 2022 and order the release of the
Petitioner on bail till the disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.ASHIK K.MOHAMED ALI, VISHNU V.
NAIR, MUHAMMED RIFA P.M., GAYATHRI ASHISH NAIR, NAZRIYA NOUSHAD, Advocates
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 2024
in
Crl.Appeal No.645 of 2024
------------------------------------------------------
Dated this the 23rd 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. 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 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 grievous. Considering the gravity and nature of
the offence the petitioner is not entitled to get an order to
suspend the sentence.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
Crl.M.A.No.1 of 2024 in
4. The petitioner was convicted for the offences
punishable under Section 354 of the Indian Penal Code, 1860
and under Section 8 read with Section 7 of the Protection of
Children from Sexual Offences Act, 2012. The term of
sentence the petitioner has to undergo is imprisonment for a
period of 5 years. The trial court believing the evidence
tendered by the prosecution found the petitioner guilty as
mentioned above.
6. The learned counsel for the petitioner would submit
that there have been serious discrepancies in the evidence of
the victim and delay in lodging the complaint. Therefore, the
conviction is based on unreliable and insufficient evidence,
and the appeal will be allowed. Having gone through the
judgment and considered the available materials, prima facie,
I am unable to agree with the contention that the findings
leading to conviction of the petitioner are wrong.
7. The learned Public Prosecutor would point out that the
petitioner has involved in several other crimes and therefore
releasing him on bail by suspending execution of the sentence
Crl.M.A.No.1 of 2024 in
would be prejudicial not only to the victim but also to the local
residents.
8. The petitioner was convicted and sentenced on
13.11.2023. He has been in jail since the said date.
Considering the nature of the offence he has committed and
the period of sentence imposed, I am of the view that he can
be granted bail by suspending execution of the sentence
subject to conditions that will ensure safety and security of
the victim as well as the public at large.
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 50% of the fine amount in the trial
court within two months;
ii) He shall not enter the local limits of Panniyankara
Police Station till the final disposal of this appeal;
iii) During the bail period, he shall not get involved in
Crl.M.A.No.1 of 2024 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
PV
23-05-2024 /True Copy/ Assistant Registrar
