Kerala High Court
Xxxxxx vs State Of Kerala on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.277 OF 2024
SC 379/2019 OF THE SPECIAL COURT (FOR THE TRIAL OF PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT CASES), MUVATTUPUZHA
APPLICANT/APPELLANT:
XXX
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE 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 sentence passed against the
appellant/accused by the Honourable Additional District and Special
(POCSO) Court, Muvattupuzha dated 16.12.2023 in S.C.No.379/2019, and the
appellant may be granted bail by suspending the sentence in the interest
of jusitce.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.PRASANTH K.T., NIKHILA SOMAN,
K.P.AMRUTHA, SOORAJ S, 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.A. No.277 of 2024
---------------------------------------------------
Dated this the 28th 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 who is the sole accused would
contend that he is innocent and there is every chance for
allowing the appeal and acquitting him. In such
circumstances, he claims that he is entitled to get execution
of his sentence suspended.
2. The learned Public Prosecutor filed an objection on
behalf of the respondent. 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.
4. The petitioner was tried on the allegation that he
sexually assaulted his grand daughter. He was convicted for
the offence punishable under Section 354(a)(1)(i) of IPC,
Sections 8 r/w 7, Section 10 r/w 9(l), 9(m), 9(n) of POCSO
Act, 2012 and Section 75 of the Juvenile Justice Act. The
term of sentence the petitioner has to undergo in terms of the
impugned judgment is imprisonment for 5 years.
5. The petitioner has been in jail in connection with
this case since 16.12.2023. True, the petitioner being the
grand father of the victim, the gravity of offence he is found
to have committed is more. However, considering the age of
the petitioner and the period during which he has been in jail,
I am of the view that he can be released on bail by
suspending execution of the sentence subject to conditions.
6. 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 Muvattupuzha
Police Station 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/28/05
28-05-2024 /True Copy/ Assistant Registrar
