Devan vs State Of Kerala
2024 Latest Caselaw 30145 Ker

Citation : 2024 Latest Caselaw 30145 Ker
Judgement Date : 24 October, 2024

Kerala High Court

Devan vs State Of Kerala on 24 October, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
         Thursday, the 24th day of October 2024 / 2nd Karthika, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO.1888 OF 2024
           SC 483/2018 OF ADDITIONAL SESSIONS COURT - V, PALAKKAD
APPLICANT/APPELLANT:

     DEVAN, AGED 42 YEARS,
     SON OF MADHAVAN, AVP ROAD,
     VALLADI, KANJIKODE (P.O),
     PALAKKAD, PIN - 678621.

RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM, KOCHI, PIN - 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to pass an order, suspending the execution of the
sentence imposed on the applicant as per Judgment dated 25.09.2024 by the
Court of the Additional Sessions Judge-V, Palakkad in Sessions Case
No.483/2018 and release the applicant on bail, pending final disposal of
the above Criminal Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI NIREESH MATHEW, Advocate 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.1888 of 2024
          ---------------------------------------------------------------
                 Dated this the 24th 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/first accused in S.C. No.483 of 2018 on the

file of the Court of Session, Palakkad. The applicant/first accused

has been found guilty for the offences punishable under Sections 306

& 498A IPC. The applicant/first 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/first accused

will have to undergo is for a period of five years.

2. The application is opposed by the learned Public

Prosecutor on the ground that the applicant/accused has criminal

antecedents, the details of which are as follows:

(i) Walayar PS Cr.329/2008 U/s 143, 147, 148, 447,

294(b), 323, 324 r/w 149 IPC.

(ii) Walayar PS Cr.215/2009 U/s 20 of the Kerala

Protection of River Banks and Regulation of

Removal of Sand Act, 2001.

(iii) Walayar PS Cr.285/2017 U/s 279, 337, 338

IPC & 3(1) r/w 181 MV Act.

(iv) Walayar PS Cr.770/2020 U/s 279 IPC &

194(D) MV Act.

3. Heard both sides.

4. The accused in this case has been found guilty for

the offence punishable under Section 306 IPC. It is submitted

by the learned counsel for the applicant/first accused that the

marriage took place way back in the year 2002 and it was after

15 years or so that the incident took place and that there is no

evidence to show that the accused has demanded dowry or had

harassed the victim in any way. It was actually a case of

accidental death. The accused has been convicted and sentenced

to five years. Hence, taking into account the facts and

circumstances of the case, the sentence imposed on the

applicant/first accused is suspended till the disposal of the

appeal subject to the following conditions:-

i) The applicant/first 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 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) He shall not contact or try to intimidate the

witnesses examined in the case;

v) If the conviction and sentence of the

applicant/first 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.