Kerala High Court
Krishnankutty vs State Of Kerala on 6 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 6th day of August 2024 / 15th Sravana, 1946
CRL.M.APPL.NO.1/2023 IN CRL.A NO.987 OF 2023
SC 348/2019 OF SPECIAL COURT FOR THE TRIAL OF OFFENCES UNDER POCSO ACT, MANJERI
PETITIONER/APPELLANT:
KRISHNANKUTTY, AGED 54 YEARS,
S/O.CHERIYATHAN, MALLASSERI HOUSE,
CHERUVAYOOR, VAZHAKKAD,
MALAPPURAM DISTRICT,PIN - 673645.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031.
2. THE STATION HOUSE OFFICER, VAZHAKKAD POLICE STATION, MALAPPURAM
DISTRICT, PIN - 673640.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the appellant in
S.C.No.348/2019 of the Special Court for the Trial of Offences under the
Protection of Children from Sexual Offences Act, Manjeri dated 02.06.2023,
and release him on bail, in the interests of jusitce.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI BABU S. NAIR, Advocate for the
petitioner and of the PUBLIC PROSECUTOR for the respondents, the court
passed the following:
P.T.O.
P.G. AJITHKUMAR, J.
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Crl.M.A.No. 1 of 2023
in
Crl.Appeal No.987 of 2023
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Dated this the 6th day of August, 2024
ORDER
This is a petition filed by the appellant under Section 389(1) of the Code of Criminal Procedure, 1973. The petitioner would contend that he is innocent and there is every chance for allowing the appeal and acquitting him. He was on bail during the trial of the case. In such circumstances, he claims that he is entitled to get execution of his sentence suspended.
2. The learned Public Prosecutor filed an objection on behalf of the respondent. It is contended that the evidence adduced by the prosecution proved beyond doubt that the petitioner had committed the offence alleged against him. The offence proved against the petitioner is grievous. On account of the offence he has committed, the victim boy, aged 13 years, has been put to untold miseries. Considering the gravity and nature of the offence and the tenure of the 2 Crl.M.A.No. 1 of 2023 in Crl.Appeal No.987 of 2023 sentence imposed, the petitioner is not entitled to get an order to suspend the sentence.
3. Heard the learned counsel for the appellant and the learned Public Prosecutor.
4. The petitioner was convicted for various offences, including the offences punishable under 377 of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The term of sentence the petitioner has to undergo is imprisonment for 10 years.
5. The petitioner, on 10.05.2018 at about 12.00 noon, subjected the victim to sexual assault and a few days after at about 7.15 p.m. he had subjected the victim to penetrative sexual assault by inserting penis between his thighs. The trial court, believing the evidence tendered by the prosecution, found the petitioner guilty as mentioned above.
6. The prosecution was launched after a period of two months. The petitioner was convicted on 02.06.2023 and ever since he has been in jail. Of course, it is seen that as a result 3 Crl.M.A.No. 1 of 2023 in Crl.Appeal No.987 of 2023 of the sexual assault, the victim had to face some psychological setbacks. However, considering the contentions of the petitioner in the light of the delay and other mitigating circumstances, including that the petitioner has been in jail since 02.06.2023, this petition can be allowed, subject to conditions.
Accordingly, this petition is allowed and the petitioner is granted bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like amount each, to the satisfaction of the trial court, subject to the following conditions:
i) He shall deposit entire of the entire fine amount in the trial court within two months;
ii) He shall not enter the local limits of Vazhakkad Police Station till the final disposal of this appeal;
iii) During the bail period, he shall not get involved in any offence; and
iv) He shall not contact or try to intimidate the victim or witnesses examined in the case.4
Crl.M.A.No. 1 of 2023 in Crl.Appeal No.987 of 2023 In case of breach of any of the above conditions, the prosecution shall be at liberty to apply before this Court for cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR, JUDGE dkr 06-08-2024 /True Copy/ Assistant Registrar