Kerala High Court
Xxxxxx vs State Of Kerala on 11 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Monday, the 11th day of November 2024 / 20th Karthika, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A.NO.1944 OF 2024
SC 236/2023 OF FAST TRACK SPECIAL COURT, MATTANNUR
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 in the judgment dated
25.09.2024 in Sessions Case No.236/2023 of the Special Judge, Fast Track
Special Court, Mattannur, pending disposal of the above Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI T.V.JAYAKUMAR NAMBOODIRI, 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.1944 of 2024
---------------------------------------------------------------
Dated this the 11th day of November 2024
ORDER
This is an application filed under Section 430(1) of the
Bharathiya Nagarik Suraksha Sanhita, 2023, seeking suspension of
sentence of the applicant/accused in S.C. No.236 of 2023 on the file
of the Court of Session, Thalassery. The applicant/accused has been
found guilty of the offences punishable under Section 354A(1)(i)(2)
IPC and Section 9(j)(i),(l),(n) read with Section 10 of the PoCSO
Act. The applicant/accused has been sentenced to varying terms of
imprisonment for the aforesaid offences. The sentences have been
directed to run concurrently. Therefore, the maximum period of
imprisonment that the applicant/accused will have to undergo is for a
period of five years. The application is opposed by the learned
Public Prosecutor.
2. Heard both sides.
3. The sentence imposed on the applicant/accused 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) Out of the total fine amount, he shall deposit an
amount of ₹50,000/- 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) The applicant/accused shall not in any way
contact or attempt to contact the victim or her family
member(s) in any manner;
v) The applicant/accused shall not enter the limits of
the Mayyil police station until further orders.
vi) If the conviction and sentence of the
applicant/accused 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.
vii) It is also made clear that if any of the
conditions are violated, the bail shall stand cancelled.
Post on 20/03/2025.
Sd/-
C.S.SUDHA
NP
JUDGE
11-11-2024 /True Copy/ Assistant Registrar
