Kerala High Court
Vinodan vs State Of Kerala on 5 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
CM.APPL.NO.1/2024 IN CRL.A NO.1038 OF 2024
SC 309/2020 OF FAST TRACK SPECIAL COURT, MATTANNUR
APPLICANT/APPELLANT/ACCUSED:
VINODAN, AGED 59 YEARS, S/O. GOVINDAN,
KOTTENTAVIDA, KODIYERI AMSOM, IDAYILPEEDIKA,
KANNUR (DISTRICT), PIN - 670672.
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY 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 and release the petitioner
on bail on such condition that this Hon'ble Court may deem fit in the
interest of jusitce.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.P.SANJAY, A.PARVATHI MENON, BIJU
MEENATTOOR, INDIRA K.P., PAUL VARGHESE (PALLATH), KIRAN NARAYANAN, RAHUL
RAJ P., MUHAMMED BILAL V.A, MEERA R. MENON, BASILA BEEGAM, 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.A.No.1/2024 in Crl.A.No.1038 of 2024
&
Crl.A.No.1038 of 2024
----------------------------------------------------------
Dated this the 5th day of September 2024
ORDER
This is an application filed under Section 389(1) Cr.P.C.
seeking suspension of sentence of the applicant/accused in
S.C.No.309/2020 on the file of the Court of Session, Thalassery.
The applicant/accused has been found guilty for the offences
punishable under Sections 450 and 376(2) IPC and has been
convicted to seven years and ten years of imprisonment
respectively for the aforesaid offences. The sentences have been
directed to run concurrently. The maximum period of imprisonment
the applicant/accused will have to undergo is for a period of ten
years.
Crl.M.A.No.1/2024 in Crl.A.No.1038 of 2024
&
2. The learned counsel for the applicant/accused submits that
this is a false crime foisted against the applicant/accused and that
the testimony of PW5, the victim, would make the aspect very clear.
PW5 admitted that she is in inimical terms with the wife of the
accused. It is also brought to my notice that though the
applicant/accused had adduced evidence to show that he was never
present at the place of occurrence during the alleged incident, the
said aspect was never considered or even referred to in the
judgment. To substantiate the argument that this is a false case
foisted on the applicant/accused, the learned counsel for the
applicant also brings to my notice an audio clipping in which the
victim can be heard demanding money from the daughter of the
applicant/accused and saying that unless the amount demanded is
paid, the appellant/accused will have to continue in jail.
3. The learned Public Prosecutor submits that she has
serious objection to the suspension of sentence and submits that if at
all the call is believed, it is only a post-conviction event and
Crl.M.A.No.1/2024 in Crl.A.No.1038 of 2024
&
therefore the sentence should not be suspended.
4. The audio clipping was played in Court. A lady can be
heard demanding money; there is no response from the receiver of
the call. The lady can be heard saying that if money is paid, the
father who is the accused can be released from jail. Without going
into the merits of the case, the sentence of the accused is suspended
for the time being relying on the submission made by the learned
counsel on 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;
Crl.M.A.No.1/2024 in Crl.A.No.1038 of 2024
&
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 also not enter the
limits of New Mahe 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 389(4) Cr.P.C.
vii) It is also made clear that if any of the conditions
are violated, the bail shall stand cancelled.
The SHO, New Mahe Police station, is directed to conduct an
investigation into the audio clipping that has been produced by the
learned counsel for the appellant before this Court. The daughter
of the applicant/accused shall handover the audio clipping to the
SHO concerned, who shall conduct an investigation into the matter
Crl.M.A.No.1/2024 in Crl.A.No.1038 of 2024
&
and report regarding the genuineness of the phone call that has been
produced before this Court. The SHO concerned shall investigate
regarding the phone number to which the call was made as well as
the phone number from which the call was made. The details shall
also include the details of the persons in whose names the phone
numbers have been allotted and the persons who are presently using
the same. The report of the SHO shall be submitted on or before
10/10/2024. It is made quite clear that the sentence is suspended
for the time being mainly on the basis of the audio clipping played
in the Court from the mobile phone of the learned counsel for the
appellant/accused. This Court made it clear to the learned counsel
for the applicant/accused that the sentence is being suspended on
the basis of the audio clipping, believing the submissions made.
The learned counsel for the applicant/accused submits that he does
take responsibility and has made the submissions in all bona fides.
This Court makes it clear that necessary action would be taken
against all concerned if the submissions and the audio clipping turn
Crl.M.A.No.1/2024 in Crl.A.No.1038 of 2024
&
out to be not true or genuine.
Post on 17/10/2024.
Sd/-
C.S.SUDHA
JUDGE
ak
05-09-2024 /True Copy/ Assistant Registrar
