Kerala High Court
Suresh T.M vs State Of Kerala on 22 October, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.1839 OF 2024
SC 947/2023 OF FAST TRACK SPECIAL COURT, NADAPURAM
APPLICANT/APPELLANT:
SURESH T.M., AGED 54 YEARS, S/O.KUNHIRAMAN, RESIDING AT AYYAPPAN
CHALIL HOUSE, PERAMBRA P.O., KOZHIKKODE, PIN - 673526.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2. THE SUB INSPECTOR OF POLICE, MEPPAYYUR POLICE STATION, MEPPAYYUR,
KOZHIKODE, PIN - 673524.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence in terms of the judgment
dated 27.03.2024 in S.C.No.947/2023 before the court of Special Judge,
Fast Track Special Court, Nadapuram (Sessions Division, Kozhikode), until
the disposal of this Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.B.KRISHNA MANI, N.V.SANDHYA, DHANUJA
M.S, Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondents,the court passed the following:
P.T.O.
C.S.SUDHA, J.
--------------------------------------------------------------
Crl.M.Appl. No.1 of 2024
in
Crl. Appeal No.1839 of 2024
---------------------------------------------------------------
Dated this the 22nd day of October 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.947 of 2023 on the file
of the Court of Session, Kozhikode. The applicant/accused has been
found guilty for the offences punishable under Sections 342, 354,
354A(1)(i) read with Section 354A(2) IPC and Section 9(l)(m)(n)
read with Section 10 & Section 11(iii) read with Section 12 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. As there is no possibility of the appeal being taken up in
the near future and in the interest of justice, 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) He shall deposit half of 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) 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 Meppayur 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 25/11/2024.
Sd/-
C.S.SUDHA
NP
JUDGE
22-10-2024 /True Copy/ Assistant Registrar
