Ranjith.M @ Bhai vs State Of Kerala
2024 Latest Caselaw 29467 Ker

Citation : 2024 Latest Caselaw 29467 Ker
Judgement Date : 17 October, 2024

Kerala High Court

Ranjith.M @ Bhai vs State Of Kerala on 17 October, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
         Thursday, the 17th day of October 2024 / 25th Aswina, 1946
               CRL.M.APPL.NO.3/2024 IN CRL.A NO.1631 OF 2024
           SC 788/2018 OF FAST TRACK SPECIAL COURT, THALIPARAMBA
APPLICANT/APPELLANT:

     RANJITH M. @ BHAI, AGED 32 YEARS,
     S/O LATE GOVINDAN, MOTTAMMAL HOUSE, PARAVOOR P.O.,   KOIPRAMUKKU,
     PANAPPUZHA AMSOM, KANNUR DISTRICT, PIN - 670306.

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 execution of sentence in
S.C.No.788/2018 of Fast Track Special Court (POCSO Act), Taliparamba and
release the petitioner on bail during the pendency of the above appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.V.A.SATHEESH, V.T.MADHAVANUNNI,
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.3 of 2024
                                         in
                        Crl. Appeal No.1631 of 2024
                                         &
                        Crl. Appeal No.1631 of 2024
           ---------------------------------------------------------------
                  Dated this the 17th day of October 2024


                                   ORDER

This application under Section 389(1) Cr.P.C., has been filed

seeking suspension of sentence of the applicant/accused in S.C.No.788

of 2018 on the file of the Court of Session, Kannur. The

applicant/accused has been found guilty for the offences punishable

under Sections 9(m) read with Section 10 of the PoCSO Act and hence

has been sentenced to imprisonment for a period of five years and to a

fine of ₹50,000/- and in default to simple imprisonment for three months.

It is brought to my notice that the applicant/accused has been in jail from

20/09/2023, that is, from the date of the impugned judgment and that he

was in custody for nearly an year during the crime stage.

2. The appeal is of the year 2024 and so there is no possibility

of the appeal being taken in the near future. Hence in these

circumstances and in the interest of justice, 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 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 his family member(s) in any

manner;

v) If the conviction and sentence of the applicant

in

&

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 389(4)

Cr.P.C;