Abu.T.A, S/O. Abdul Rahman vs State Of Kerala, Represented By The ...
2024 Latest Caselaw 26712 Ker

Kerala High Court

Abu.T.A, S/O. Abdul Rahman vs State Of Kerala, Represented By The ... 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. 702 OF 2024

        SC 352/2023 OF FAST TRACK SPECIAL COURT, HOSDURG, KASARGOD

APPLICANT/APPELLANT:

     ABU.T.A, AGED 66 YEARS, S/O. ABDUL RAHMAN, NAVAB MANZIL, THALANGARA
     PADINHAR, THALANGARA, KASARAGOD, PIN - 671122

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
this Court may be pleased to suspend the execution of the sentence passed
in Judgment dated 22-03-2024 in S.C. No. 352/2023 of the Special Court for
the trial of Offences under the Protection Children from Sexual Offences
(PoCSO) Act, Hosdurg pending disposal of this above Criminal Appeal and
grant bail to the petitioner.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of TITUS MANI, THOMAS ANTONY KALLANPALLY,
T.G.RAGESH, P.A.JACOB, BINNY THOMAS, SWAROOP A.P., Advocates for the
petitioner and of the PUBLIC PROSECUTOR for the respondent, the Court
passed the following:
                               C.S.SUDHA, J.
         --------------------------------------------------------------
                        Crl.M.Appl. No.1 of 2024
                                       in
                       Crl. Appeal No.702 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.352 of 2023 on the file of the Court of Session, Kasaragod. The

accused has been found guilty for the offences punishable under

Section 506 Part I IPC and Section 9(l)(m)(n) read with Section 10

of the POCSO Act. He has been sentenced to varying terms of

imprisonment for the aforesaid offences. The sentences have been

directed to run concurrently. Therefore, the maximum term that the

applicant/accused will have to undergo imprisonment is five years.

The application for suspension of sentence is objected to by the

learned Public Prosecutor. It is submitted that in case this Court is

inclined to suspend the sentence, a condition may be imposed that

the applicant/accused shall not enter the limits of the police station

within which the victim child is residing. Hence, the sentence

imposed on the applicant 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 also not enter the

limits of the police station within which the victim

child is residing.

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.

Post on 18/10/2024.

Sd/-

C.S.SUDHA NP JUDGE

05-09-2024 /True Copy/ Assistant Registrar