Kerala High Court
Sreedharan.P.A vs State Of Kerala on 26 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 26th day of September 2024 / 4th Aswina, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.989 OF 2024
SC 49/2018 OF SPECIAL COURT FOR ATOROCITIES AGAINST WOMEN AND CHILDREN (ADDL
SESSIONS COURT - I), KASARAGOD
APPLICANTS/APPELLANTS:
1. SREEDHARAN P.A., AGED 56 YEARS, S/O. GOVINDAN (LATE), PADIKKANAM,
RAVANESHWARAM P.O., CHITHARI VILLAGE, KASARAGOD, PIN - 671316.
2. NARAYANAN P.A., AGED 48 YEARS, S/O. GOVINDAN (LATE), PADIKKANAM,
RAVANESHWARAM P.O., CHITHARI VILLAGE, KASARAGOD, PIN - 671316.
3. PADMANABHAN P.A., AGED 63 YEARS, S/O. GOVINDAN (LATE), PADIKKANAM,
RAVANESHWARAM P.O., CHITHARI VILLAGE, KASARAGOD, PIN - 671316.
4. SANDEEP P.A., AGED 33 YEARS, S/O. PADMANABHAN C. M., PADIKKANAM,
RAVANESHWARAM P.O., CHITHARI VILLAGE, KASARAGOD, PIN - 671316.
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 the
High Court be pleased to suspend the sentence of imprisonment imposed on
the petitioners vide Judgment 03.06.2024 in S.C.No.49/2018 on the files of
the Special Court for Atrocities against Women and Children (Addl.
Sessions Court - I, Kasaragod) on such condition as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case and release
the petitioners on bail pending disposal of the above Crl.Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.ARJUN SREEDHAR, T.K.SANDEEP, ARUN
KRISHNA DHAN, ALEX ABRAHAM, SWETHA R., HARIKRISHNAN P.B., GOWRI MENON,
Advocates for the petitioners 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.989 of 2024
&
Crl. Appeal No.989 of 2024
---------------------------------------------------------------
Dated this the 26th day of September 2024
ORDER
This application under Section 389 Cr.P.C. has been filed seeking
suspension of sentence of the applicants/accused persons 4 in number in
S.C.No.49/2018 on the file of the Court of Session, Kasaragod. The
accused persons have been found guilty for the offences punishable
under Sections 447, 299 read with Section 304(ii), 308, 324 and 326
read with Section 34 IPC. They have been sentenced to varying terms of
imprisonment. The sentences have been directed to run concurrently.
Hence the maximum term of imprisonment the applicants/accused will
have to undergo is eight years.
2. The application is opposed by the learned Public
in
&
Prosecutor on the ground that the 3rd accused had threatened and
intimidated the victim's wife pursuant to which crime no.1173/17 had
been registered. It is brought to my notice by the learned counsel for
the applicants/appellants that on the basis of the said allegation of
intimidation, crime was registered in the year 2017. Thereafter the 3 rd
accused was enlarged on bail, and he continued to be on bail till the
impugned judgment was passed during which period no such incident
took place.
3. Heard both sides.
4. In the facts and circumstances of the case, interim bail is
imposed subject to the following conditions:
i) The applicants/accused 1 to 4 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) The accused persons shall deposit an amount of
₹50,000/- each out of the fine amount within a
period of one month from the date of receipt of a
in
&
copy of this order.
iii) They shall not commit any offence(s) while on
bail;
iv) The applicants/accused shall not in any way
contact or intimidate the witnesses in any manner;
v) The 3rd accused shall not enter the limits of
Hosdurg police station until further orders.
vi) It is also made clear that if any of the aforesaid
conditions are violated, the bail shall stand
cancelled.
Crl.A.No.989 of f 2024
Post on 30/10/2024.
Sd/-
C.S.SUDHA
JUDGE
ak
26-09-2024 /True Copy/ Assistant Registrar
