Alex P.S vs State Of Kerala
2024 Latest Caselaw 31948 Ker

Kerala High Court

Alex P.S vs State Of Kerala on 7 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
               CRL.M.APPL.NO.1/2024 IN CRL.A.NO.2122 OF 2024
             SC 941/2022 OF THE FAST TRACK SPECIAL COURT, ADOOR
APPLICANT/APPELLANT:

     ALEX P.S., AGED 23 YEARS,
     S/O SHAJI P.J., POTENKULAM HOUSE,
     PANAYIKULAM P.O., PANAYIKULAM,
     ALANGADU VILLAGE, ERNAKULAM

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 in the Judgment of
the Honourable Fast Track Special Court, Adoor dated 24.09.2024 in
S.C.No.941/2022, till the final disposal of the above appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.R.DIVAKARAN, BINOI GEORGE
(CHERUKARA), P.SAJEEV, HARIKRISHNAN V.A, KRISHNENDHU V.B, ATHUL KIRAN D.,
Advocates for the applicant 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.2122 of 2024
                                         &
                        Crl. Appeal No.2122 of 2024
           ---------------------------------------------------------------
                Dated this the 07th day of November 2024


                                   ORDER

The appeal is admitted.

This application under Section 430(1) of the Bharatiya Nagarik

Suraksha Sanhita, 2023, has been filed seeking suspension of sentence of

the applicant/1st accused in S.C.No.941 of 2022 on the file of the Court

of Session, Pathanamthitta. He has been sentenced to rigorous

imprisonment for a period of one year for the offence punishable under

Section 411 IPC.

2. 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;

in

&

ii) He shall not commit any offence(s) while on

bail;

iii) He shall not in any way contact or attempt to

contact the victim or family member(s) in any

manner;

iv) 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;

v) It is also made clear that if any of the

conditions are violated, the bail shall stand

cancelled.

Call for TCR and for hearing to 26/08/2025.

Sd/-

C.S.SUDHA JUDGE ak 07-11-2024 /True Copy/ Assistant Registrar