Kerala High Court
Xxxx vs State Of Kerala on 24 January, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 24th day of January 2025 / 4th Magha, 1946
CRL.M.APPL.NO.5/2024 IN CRL.A NO.1059 OF 2022
SC 171/2021 OF SPECIAL COURT UNDER POCSO ACT, IDUKKI, PAINAVU
APPLICANT/APPELLANT:
XXX
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM,PIN - 682031.
2. XXX
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the interim
bail granted to the Appellant/Applicant on 17.05.2024 by this Hon'ble
Court for a further period of 6 months in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
19.02.2024 in Crl.M.A.No.1/2022 and 14.08.2024 in Crl.M.A.No.5/2024 and
upon hearing the arguments of M/S.RAJU SEBASTIAN VADAKKEKKARA,
S.KRISHNAKUMAR (MANGALAM), SANTHOSH BHASKARAN NAIR, SABAD K.H., BERTRAND
BASIL, SINI KURIAN, Advocates for the petitioner and of the PUBLIC
PROSECUTOR for the 1st respondent and of Shri Baby Mathew, Advocate for
the 2nd respondent, the court passed the following:
P.T.O.
C.S.SUDHA, J.
--------------------------------------------------------------
Crl.M.Appl. No.5 of 2024
in
Crl. Appeal No.1059 of 2022
&
Crl.Appeal No.1059 of 2022
---------------------------------------------------------------
Dated this the 24th day of January 2025
ORDER
This is an application seeking suspension of sentence of the applicant/accused in S.C.No.171/2021 on the file of the Special Court for PoCSO Cases, Idukki. He has been found guilty of the offences punishable under Section 354A(i) IPC, Section 5(j)(ii) read with Section 6 and Section 3(a) read with Section 4(2) of the PoCSO Act. 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 he will have to undergo is 40 years.
2. The prosecution case is that the accused who is a member of the Christian Parayan community raped PW1 aged 15 years and impregnated her. This Court by order dated 19/02/2024 in Crl.M.Appl. No.5 of 2024 in Crl. Appeal No.1059 of 2022 & Crl.Appeal No.1059 of 2022 2 Crl.M.A.No.1/2022 had granted interim bail for a period of three months as the applicant/accused wanted to get married to the victim in this case. Pursuant to the same, the accused married the victim, that is, PW2 and now it is reported that she is pregnant.
3. The application is opposed by the learned public prosecutor. However, she submits on instructions that the marriage was solemnized between the parties and that PW2 is in her advanced stage of pregnancy.
4. Heard both sides.
5. For the reasons afore-stated and in the interest of justice, 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 Crl.M.Appl. No.5 of 2024 in Crl. Appeal No.1059 of 2022 & Crl.Appeal No.1059 of 2022 3 each for the like sum to the satisfaction of the trial court;
(ii) He 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) He shall not commit any offence(s) while on bail;
(iv) 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;
v) It is also made clear that if any of the conditions are violated, the bail shall stand cancelled.Crl.M.Appl. No.5 of 2024
in Crl. Appeal No.1059 of 2022 & Crl.Appeal No.1059 of 2022 4 Post on 18/07/2025.
Sd/-
C.S.SUDHA JUDGE ak 24-01-2025 /True Copy/ Assistant Registrar