Kunhimuhammed @ Manu vs State Of Kerala
2024 Latest Caselaw 32356 Ker

Citation : 2024 Latest Caselaw 32356 Ker
Judgement Date : 8 November, 2024

Kerala High Court

Kunhimuhammed @ Manu vs State Of Kerala on 8 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
         Friday, the 8th day of November 2024 / 17th Karthika, 1946
               CRL.M.APPL.NO.1/2024 IN CRL.A NO.1806 OF 2024
               SC 861/2019 OF FAST TRACK SPECIAL COURT,TIRUR
APPLICANT/APPELLANT:

     KUNHIMUHAMMED @ MANU, AGED 58 YEARS,
     S/O SAIDALIKKUTTY, CHERUNGAL HOUSE, KADAMPUZHA, PARAPPUR (P.O.),
     MALAPPURAM DISTRICT- 676503.

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 imposed on the
applicant/appellant by the judgment of guilty of conviction and sentence
in S.C.No.861 of 2019 on the file of the Court of the (Fast Track) Special
Judge, Tirur dated 11.09.2024 and release the applicant/appellant on bail,
pending disposal of the above Criminal Appeal in the interests of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.NANDITHA S., P.M.RAFIQ,
M.REVIKRISHNAN, AJEESH K.SASI, SRUTHY N. BHAT, RAHUL SUNIL, SRUTHY K.K,
SOHAIL AHAMMED HARRIS P.P., Advocates 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.1806 of 2024
                                         &
                        Crl. Appeal No.1806 of 2024
           ---------------------------------------------------------------
                Dated this the 08th 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.861 of 2019 on the file of the Court of

Session, Manjeri. He has been sentenced to simple imprisonment for a

period of five years and to a fine of ₹20,000/- and in default of payment

to undergo simple imprisonment for three months for the offence

punishable under Section 10 read with Section 9(l) of the Protection of

Children from Sexual Offences Act, 2012.

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 two months 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) He shall not enter the limits of Kadampuzha

police station until further orders.

vi) 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

in

&

computing the term of his sentence as provided in

Section 430(4) BNSS;