Kerala High Court
Induja vs State Of Kerala on 27 February, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 27th day of February 2025 / 8th Phalguna, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.925 OF 2024
SC 629/2018 OF FAST TRACK SPECIAL COURT, PALAKKAD
APPLICANT/APPELLANT:
INDUJA, AGED 23 YEARS,D/O. ANAND,
ANAKKATTI, ANAKKATTI JUNCTION,
KOTTATHARA VILLAGE,MANNARKKAD TALUK,
PALAKKAD, PIN - 678581.
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 on the
applicant/appellant by the judgment of guilty of conviction and sentence
in S.C.No.629 of 2018 on the files of the Court of the Fast Track Special
Judge, Palakkad dated 25.01.2024 and release the applicant/apellant on
bail, pending disposal of the above Criminal appeal, in the interests of
justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.NIDHEESH T.P., SWETHA P. DILEEP,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
P.T.O.
C.S.SUDHA, J.
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Crl.M.Appl. No.1 of 2024
in
Crl. Appeal No.925 of 2024
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Dated this the 27th day of February 2025
ORDER
This application under Section 389(1) Cr.P.C. has been filed seeking suspension of sentence of the applicant/accused in S.C.No.629 of 2018 on the file of the Fast Track Special Court, Palakkad. The accused has been found guilty of the offences punishable under Sections 363, 366A, 120B read with Section 376(2)(n) IPC. She 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 she will have to undergo is ten years.
2. It is inter alia submitted by the learned counsel for the applicant/accused that the accused is a member of the scheduled tribe hailing from Agaly has got a young child aged one year, and therefore her continuance in prison would not be conducive to the Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.925 of 2024 2 welfare of the child. The learned public prosecutor on instructions and based on a letter of the Superintendent, Women Prison and Correctional Home, Viyyur, handed over to me during the course of the arguments, submits that the child is now about one year old and so it would not be conducive for the welfare and well being of the child to continue in the prison.
3. Heard both sides.
4. In the aforesaid circumstances, the substantive sentence of imprisonment 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) She shall deposit ₹20,000/- out of the fine amount within a period of two months from the date of receipt of a copy of this order;
iii) She shall not in any way contact or attempt to Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.925 of 2024 3 contact the victim or family member(s) in any manner;
iv) She shall not commit any offence(s) while on bail;
v) If the conviction and sentence of the applicant is upheld or even modified, the time during which she is so released shall be excluded in computing the term of her sentence as provided in Section 389(4) Cr.P.C.
vi) It is also made clear that if any of the conditions are violated, the bail shall stand cancelled.
Post on 30/05/2025.
Sd/-
C.S.SUDHA JUDGE Jms 27-02-2025 /True Copy/ Assistant Registrar