Kerala High Court
Shyju K vs State Of Kerala on 5 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Tuesday, the 5th day of November 2024 / 14th Karthika, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.1775 OF 2024
SC 30/2022 OF FAST TRACK SPECIAL COURT, THALASSERY
APPLICANT/APPELLANT:
SHYJU K.,S/O APPA, AGED 41 YEARS,
KOODATHINGAL HOUSE, KUNNIRIKKA, NEAR KUNNIRIKKA LPSCHOOL,
P.O.PATHIRIYAD,
THALASSERY, KANNUR DISTRICT, PIN - 670741.
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY 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
in the judgment dated 21.03.2024 in S.C.30/2022 on the files of court of
Special Judge Fast Track Special Court, Thalassery.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI SATHEESHAN ALAKKADAN, Advocate for
the petitioner and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:
P.T.O.
C.S.SUDHA, J.
--------------------------------------------------------------
Crl.M.Appl. No.1 of 2024
in
Crl. Appeal No.1775 of 2024
&
Crl. Appeal No.1775 of 2024
---------------------------------------------------------------
Dated this the 05th day of November 2024
ORDER
This application under Section 430(1) of the Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed seeking suspension of sentence of
the applicant/accused in S.C.No.30 of 2022 on the file of the Court of
Session, Thalassery. The applicant/accused has been found guilty of the
offences punishable under Section 10 of the Protection of Children from
Sexual Offences Act, 2012 (the Act) and Section 354A(2) IPC. He has
been sentenced to varying terms of imprisonment for the aforesaid
offences. The sentences have been directed to run concurrently. The
maximum period of imprisonment he will have to undergo is five years.
in
&
2. The application is opposed by the learned Public Prosecutor
who submits that the applicant/accused has criminal antecedents, that
is, crime no.372/22 Pinarayi police station alleging the commission of
the offences punishable under Section 12 of the Act.
3. It is submitted by the learned counsel for the
applicant/accused that in the earlier crime he has already been
acquitted.
4. Heard both sides.
The sentence is suspended till the disposal of the appeal subject to
the following conditions:-
i) The applicant/accused shall be released on bail
on executing a bond for ₹50,000/- (Rupees fifty
thousand only) with two solvent sureties each for
the like sum to the satisfaction of the trial court;
ii) He shall deposit half of the total fine amount
within a period of one month from the date of
receipt of a copy of this order;
in
&
iii) He shall not commit any offence(s) while on
bail;
iv) He shall not in any way contact or attempt to
contact the victim or family member(s) in any
manner;
v) If the conviction and sentence of the applicant is
upheld or even modified, the time during which he
is so released shall be excluded in computing the
term of his sentence as provided in Section 430(4)
BNSS;
vi) It is also made clear that if any of the
conditions are violated, the bail shall stand
cancelled.
Post on 15/01/2025.
Sd/-
C.S.SUDHA
JUDGE
ak
05-11-2024 /True Copy/ Assistant Registrar
