Kerala High Court
Santhosh Kumar 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.1954 OF 2024
SC 340/2023 OF FAST TRACK SPECIAL COURT (POCSO), THIRUVANANTHAPURAM
APPLICANT/ACCUSED:
SANTHOSH KUMAR, AGED 44 YEARS, S/O KRISHANAN NAIR, ITHADI
VEEDU,PRASANTH NAGAR, AAKKULAM, THURUVIKKAL,
THIRUVANANTHAPURAM, PIN - 695608.
RESPONDENT/STATE:
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 imposed by the Judgment
dated 31.08.2024 passed in S.C.340/2023 on the file of Fast Track Special
Court (POCSO), Thiruvananthapuram and release the appellant on bail,
pending disposal of the above appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI LIJU. M.P, 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.1954 of 2024
&
Crl. Appeal No.1954 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.340 of 2023 on the file of the Court of
Session, Thiruvananthapuram. He has been sentenced to rigorous
imprisonment for 4 years and to a fine of ₹10,000/- and in default of
payment to undergo rigorous imprisonment for two months for the
offence punishable under Section 8 read with Section 7 of the Protection
of Children from Sexual Offences Act, 2012.
2. The sentence is suspended till the disposal of the appeal
subject to the following conditions:-
in
&
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 the total fine amount within a
period of one month from the date of receipt of a
copy of this order;
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;
in
&
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
