Suresh vs State Of Kerala
2024 Latest Caselaw 25924 Ker

Kerala High Court

Suresh vs State Of Kerala on 30 September, 2024

Author: K.Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
          Monday, the 30th day of September 2024 / 8th Aswina, 1946
               CRL.M.APPL.NO.1/2024 IN CRL.A NO. 1784 OF 2024
  SC 88/2023 OF SPECIAL COURT FOR SC/ST(POA)ACT/ADDITIONAL SESSIONS COURT,
                                  MANNARKKAD
APPELLANT/ACCUSED:

     SURESH AGED 37 YEARS S/O. GOPALAKRISHNAN, RAMAVILASAM, PAKKULAM,
     AGALI, ATTAPPADI (P.O), PALAKKAD DISTRICT, PIN - 678581

RESPONDENT/COMPLAINANT:

  1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, PIN - 682031
  2. BINU , MELE KURIKKALAD, PAKKULAM,THAVALAM,PALAKKAD, PIN - 678582


     Application praying that in the circumstances stated there in the
High Court be pleased to suspend the sentence imposed on appellant by
Judgment dated 30/08/2024 in S.C.No.88/2023 on the fles of the Special
Court for SC/ST (POA) ACT, Additional Sessions Court, Mannarkkad and
release him on bail, pending dispoal of this appeal.


     This Application again coming on for orders upon perusing the
application and this Court's order dated 13/09/2024 therein and upon
hearing the arguments of M/S.SANTHARAM.P, REKHA ARAVIND, P.G.GOKULNATH
Advocates for the petitioner, and of the PUBLIC PROSECUTOR for the
respondent 1, the court passed the following:




      p.t.o
                        K.BABU.,J
            ---------------------
                  Crl.A.No.1784 of 2024
        ---------------------------
        Dated this the 30th day of September, 2024

                             ORDER

The petitioner/appellant is the sole accused in SC

No.88/2023 on the file of the Special Court for SC/ST (POA)

Act/Additional Sessions Court, Mannarkad. He has been

convicted under Sections 323, 324 & 308 of IPC and Section

3(2)(va) of the SC/ST (POA) Act and sentenced to undergo

rigorous imprisonment for four years and pay fine of

Rs.40,500/-.

2. Notice was served on the victim.

3. Heard both sides.

4. As per order dated 13.09.2024, this Court

granted interim bail to the appellant.

5. Having regard to the fact that the disposal of the

appeal is likely to take time, this Court feels that execution

of the sentence imposed on the petitioner is liable to be

suspended on conditions.

6. Therefore, the execution of the sentence

imposed on the petitioner/appellant shall stand suspended

and bail granted to him on the following conditions:-

1) The petitioner shall execute bond for

Rs.50,000/- (Rupees Fifty Thousand only) with

two solvent sureties each for the like sum to

the satisfaction of the trial Court.

2) The petitioner/appellant shall also deposit the

entire fine amount in the Court below within a

period of two months from today.

It is made clear that the bond executed by the

appellant as per order dated 13.09.2024 shall be treated as

compliance of condition No.1.

Sd/-

K.BABU JUDGE bng

30-09-2024 /True Copy/ Assistant Registrar