Kerala High Court
Santhosh @ Kalyani Santhosh vs State Of Kerala on 8 November, 2024
CRL.A No.1900/2024 1/9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 8th day of November 2024 / 17th Karthika, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 1900 OF 2024
SC 1313/2015 OF ASSISTANT SESSIONS COURT,KOTTARAKKARA
APPLICANT/APPELLANT:
SANTHOSH @ KALYANI SANTHOSH, AGED 48 YEARS, S/O. RAMACHANDRAN
PILLAI, KURUVILAVEEDU, PADINJATTINKARA MURI, KOTTARAKKARA, PIN -
691506.
RESPONDENT/RESPONDENT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2. DINESH MANGALASSERY, AGED 52 YEARS, S/O. GOPALAKRISHNA PILLAI,
MANGALASSERY, GANDHI JUNCTION, KOTTARAKKARA P. O., KOLLAM - 691560
(IS IMPLEADED AS ADDL. R2 AS PER ORDER DATED 21.10.2024 IN CRL.M.A.
4/2024 IN CRL.A.1900/2024.)
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed against
Petitioner/7th Accused in SC.No.1313/2015 on the files of the Assistant
Session Court, Kottarakkara, the subject matter of the appeal, till the
disposal of the above appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.C.R.JAYAKUMAR, NOBEL RAJU, M.RAJESH,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the 1st
respondent, M/S.K.T.THOMAS, MATHEW BOB KURIAN, NIKHIL BERNY, ASHWIN JOSEPH
PAUL, Advocates for the 2nd respondent, the court passed the following:
P.T.O.
CRL.A No.1900/2024 2/9
C.S.SUDHA, J.
--------------------------------------------------------------
Crl.M.Appl. No.1 of 2024 in
Crl. Appeal No.1900 of 2024
&
Crl.M.Appl. No.1 of 2024 in
Crl. Appeal No.1905 of 2024
& Crl. Appeal Nos.1900 & 1905 of 2024
---------------------------------------------------------------
Dated this the 08th day of November 2024
ORDER
Crl.M.Appl. No.1 of 2024 in Crl.A.No.1900/2024 & Crl.M.Appl. No.1 of 2024 in Crl.A.No.1905/2024 These applications under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed seeking suspension of sentence of the applicants/accused persons in S.C.No.1313 of 2015 on the file of the Court of Session, Kollam. The accused persons11 in number have been found guilty of the offences punishable under Sections 143, 147, 323, 324, 326, 307 read with Section 149 IPC. They have been sentenced to varying terms of imprisonment for the aforesaid offences. The sentences have been directed to run concurrently. Therefore the maximum period of imprisonment they will have to undergo is five years. CRL.A No.1900/2024 3/9 Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1900 of 2024 & Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1905 of 2024 & Crl. Appeal Nos.1900 & 1905 of 2024 2
2. The applications are opposed by the learned Public Prosecutor on the ground that A1, A4, A6, A7, A9 and A10 have criminal antecedents. The details of the crimes pending against the said accused have been stated in the report that has been handed over to me during the course of the arguments. The applications are also opposed by the additional respondent in the appeals, one of the injured in the case. It is submitted by the learned counsel appearing on behalf of the additional respondent that the threat from the accused persons still continue and if the Court is inclined to suspend, necessary conditions may be imposed so that the additional respondent is not put to any harm.
3. The details of cases against the accused persons:-
1st accused:
(i) Kottarakkara PS Cr.4177/2020 U/ss 143, 147, 148, 341, 294(b), 149 IPC and Section 3(2) of PDPP Act.
(ii) Kottarakkara PS Cr.2390/2016 U/ss 147, 143, 148, 341, 324, 308, 149 IPC.CRL.A No.1900/2024 4/9
Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1900 of 2024 & Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1905 of 2024 & Crl. Appeal Nos.1900 & 1905 of 2024 3 4th accused:
(i) Kottarakkara PS Cr.508/2016 U/ss 143, 147, 283, 149 IPC.
(ii) Kottarakkara PS Cr.1055/2016 U/ss 143, 147, 188, 283, 149 IPC.
6th accused:
(i) Kottarakkara PS Cr.20/2019 U/ss 143, 147, 148, 341, 294(b), 324, 326, 308, 34 IPC.
(ii) Kottarakkara PS Cr.4177/2020 U/ss 143, 147, 148, 341, 294(b), 149 IPC and Section 3(2) PDPP Act.
(iii) Kottarakkara PS Cr.2387/2018 U/ss 452, 323, 324, 506,354,341, 34 IPC.
7th Accused:
(i) Kottarakkara PS Cr.330/2011 U/s 143, 147, 148, 323, 324, 149 IPC.
(ii) Kottarakkara PS Cr.1869/2010 U/s 143, 147, 148, 283, 188, 149 IPC.
(iii) Kottarakkara PS Cr.1277/2011 U/s 143, 147, 283, CRL.A No.1900/2024 5/9 Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1900 of 2024 & Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1905 of 2024 & Crl. Appeal Nos.1900 & 1905 of 2024 4 149 IPC.
(iv) Kottarakkara PS Cr.1776/2013 U/s 143, 147, 148, 427, 149 IPC.
(v) Kottarakkara PS Cr.3187/2020 U/s 188 IPC, 118(e) of KP Act & Sec. 5 of KEDO Act.
(vi) Kottarakkara PS Cr.1393/2012 U/s 143, 147, 283, 188, 149 IPC.
(vii) Kottarakkara PS Cr.285/2012 U/s 323, 324, 34 IPC.
(viii) Kottarakkara PS Cr.641/2015 U/s 143, 147, 188, 283, 149 IPC.
(ix) Kottarakkara PS Cr.1410/2022 U/s 143, 147, 149, 188, 183 IPC.
(x) Kottarakkara PS Cr.1542/2013 U/s 143, 147, 283, 149 IPC.
9th accused:
(i) Kottarakkara PS Cr.1852/2019 U/ss 294(b), 506, 354 IPC and Section 117(e) of KP Act.CRL.A No.1900/2024 6/9
Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1900 of 2024 & Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1905 of 2024 & Crl. Appeal Nos.1900 & 1905 of 2024 5
(ii) Kottarakkara PS Cr.1534/2018 U/ss 143, 147, 148, 323, 324, 294(b), 149 IPC 10th accused:
(i) Kottarakkara PS Cr.2390/2014 U/ss 147, 143, 148, 341, 323, 308, 149 IPC.
4. On going through the report, I find that the earlier criminal cases against the 1st accused and the 6th accused include commission of offences like Sections 326 and 308 IPC, which are grave offences. The learned counsel appearing for the 1 st accused brings to my notice Annexures A1 to A3, the medical reports of the 1 st accused. It is submitted that the 1st accused has been in custody for the last 40 days. Therefore taking into account his medical condition, a lenient view may be taken and the sentence may be suspended.
5. Taking into account the medical condition of the 1st accused, the request for suspension is allowed. As far as 6 th accused is concerned he has 3 crimes registered against him of which 2 crimes inter alia involves commission of offences punishable under Sections 308 and 354 IPC. Therefore, his sentence cannot be suspended. There CRL.A No.1900/2024 7/9 Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1900 of 2024 & Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1905 of 2024 & Crl. Appeal Nos.1900 & 1905 of 2024 6 are crimes registered against the other accused persons also, but they do not involve commission of such serious offences. They are stated to have been registered as the accused persons, party workers, had held processions/rallies/protest march etc. Hence in these circumstances, the sentence of A1 to A5 and A7 to A11 is suspended till the disposal of the appeal subject to the following conditions:-
i) The applicants/accused persons shall be released on bail on executing a bond for ₹50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the trial court;
ii) They shall deposit the fine amount imposed within a period of one month from the date of receipt of a copy of this order;
iii) They shall not commit any offence(s) while on bail;
iv) They shall not in any way contact/attempt to CRL.A No.1900/2024 8/9 Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1900 of 2024 & Crl.M.Appl. No.1 of 2024 in Crl. Appeal No.1905 of 2024 & Crl. Appeal Nos.1900 & 1905 of 2024 7 contact or threaten the victim or family member(s) in any manner;
v) They shall report before the SHO concerned once a month, that is, on every second Saturday until further orders.
vi) If the conviction and sentence of the applicant 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 430(4) BNSS;
vii) It is also made clear that if any of the conditions are violated, the bail shall stand cancelled.
Crl. Appeal Nos.1900 & 1905 of 2024 Post on 20/03/2025.
SD/-
C.S.SUDHA JUDGE ak 08-11-2024 /True Copy/ Assistant Registrar CRL.A No.1900/2024 9/9 08-11-2024 /True Copy/ Assistant Registrar