Unnikrishnan vs State Of Kerala
2024 Latest Caselaw 28002 Ker

Kerala High Court

Unnikrishnan vs State Of Kerala on 23 September, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
          Monday, the 23rd day of September 2024 / 1st Aswina, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO.1111 OF 2024
              SC 20/2023 OF FAST TRACK SPECIAL COURT, CHAVAKKAD
APPLICANT/APPELLANT:

     UNNIKRISHNAN, AGED 62 YEARS,
     S/O ITTAMAN, KOTHOTTIL HOUSE, PUTHURUTHY,
     MUNDATHIKODE, NOW RESIDING AT VASMA FLAT,
     KAREEKKAD, GURUVAYUR, THRISSUR, PIN - 680101.

RESPONDENT/RESPONDENT:

     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 imposed as per the judgment
dated 14.06.2024 in S.C.No.20/2023 on the files of the Hon'ble Special
Judge (Fast Track Special Court) Chavakkad arising out of Crime 797/2022
of Guruvayur Temple Police Station, until the disposal of this Crl. Appl.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.AJAIY BASKAR, V.V.JOY, HEMANTH H.,
DHILSHA HABEEB, 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 of 2024 in Crl.A.No.1111 of 2024
                                      and
                         Crl.A.No.1111 of 2024
            --------------------------------------------------------
             Dated this the 23rd day of September 2024

                                 ORDER

Crl.M.A.No.1 of 2024 in Crl.A.No.1111 of 2024

This is an application filed under Section 389(1) Cr.P.C.

seeking suspension of sentence of the applicant/accused in

S.C.No.20/2023 on the file of the Court of Session, Thrissur. The

applicant/accused has been found guilty for the offences punishable

under Section 7 read with Section 8; Section 9(m) read with

Section 10 of the PoCSO Act and Sections 354, 354 A(1)(i) read

with Section 354 A(2) IPC. He has been sentenced to varying terms

of imprisonment 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 seven

years.

2. The learned Public Prosecutor on instructions submits

that the applicant/accused has no criminal antecedents and that he Crl.M.A.No.1 of 2024 in Crl.A.No.1111 of 2024 and

is a first offender.

3. Heard both sides.

4. Taking into account the facts and circumstances of the

case, 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.

Crl.M.A.No.1 of 2024 in Crl.A.No.1111 of 2024 and

v) The applicant/accused shall also not enter the

limits of Guruvayur Temple 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.

Post on 28/10/2024.

Sd/-

C.S.SUDHA JUDGE Jms

23-09-2024 /True Copy/ Assistant Registrar