Kerala High Court
Court vs Santhosh on 26 March, 2021
Author: M.R.Anitha
Bench: K.Vinod Chandran, M.R.Anitha
Crl.M.Appl/1/2021 IN CRL.A 1311/2016 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday,the 26th day of March 2021/5th Chaithra, 1943
For information purpose only
Crl.M.Appl/1/2021 IN CRL.A/1311/2016
SESSIONS CASE NO.530/2015 OF THE ADDITIONAL DISTRICT AND SESSIONS
COURT, ERNAKULAM.
PETITIONER/APPELLANT
SANTHOSH
AGED 45 YEARS, S/O. DEVASYA, VAZHAKKAYIL HOUSE, NELLARIKKUNNU
BHAGAM, KAKKOOR KARA,THIRUMARADY VILLAGE, MUVATTUPUZHA
TALUK,ERNAKULAM DISTRICT,
PIN- 686 673
RESPONDENT/RESPONDENT
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA,ERNAKULAM, COCHIN 682 031
Petition praying that in the circumstances stated therein the High Court be pleased to
pass an interim order suspending the sentence of the Appellant for a period of two months for
the purpose of making arrangement for the time bound completion of the construction of the
residential house of the Appellant with financial assistance granted under P.M.A.Y. Scheme
and release him on bail on any condition.
This petition coming on for orders upon perusing the petition and upon hearing the
arguments of M/S PADMALAYAN.P.P., P.A.JOSEPH, P.RAHIM, Advocates for the
petitioner and the PUBLIC PROSECUTOR for the respondent, the court passed the following
K.VINOD CHANDRAN & M.R.ANITHA, JJ.
---------------------------------
Crl.M.A.1/2021 in Crl.A.1311 of 2016
---------------------------
Dated : 26th March, 2021
For information purpose only
ORDER
M.R.Anitha, J.
1. This is a petition filed under Sec.389 Cr.P.C seeking interim suspension of sentence.
2. Petitioner is the accused in S.C.530/2015 and he has been convicted and sentenced under Sec.11(iii) r/w 12 of the PoCSO Act and Sec.354(1)(iii) of IPC, and he is found guilty under Sec.11(i) r/w 12,9(l)(m) r/w 10, Sec.3(c) r/w 5(m) and Sec.6 of the PoCSO Act and Sec.375(c) r/w 376(2) (i), 377, 354, 354A(1)(i) of IPC.
3. The wife of the petitioner filed supporting affidavit contending that the accused has been under confinement for the last five years. Thereafter she has been looking after the two minor children and the father aged 76 years. They have been living in a hut which was in dilapidated condition and collapsed during the last heavy rain and flood. With the help of neighbours, a temporary shed was put up. Now she has been Crl.A.1311/2016 2 granted an amount of Rs.4,00,000/- for construction of residential house of 420 Sq. feet of 2BHK under For information purpose only PMAY Scheme set up by the Central Government. That amount is issued in four instalments, according to the progress of the work of construction and the work also to be completed within five months. The 1st two instalments already received and part of the construction is already over, but due to lack of assistance from anybody she could not progress the construction effectively and three months had already been lost. Within the next two months she has to complete the construction. Otherwise the balance amount will get lapsed. Hence this petition has been filed seeking interim suspension of sentence for two months for enabling them to complete the construction of the house.
4. Notice was issued to the respondent. Respondent appeared through the learned Public Prosecutor. Heard both sides.
5. Interim suspension of sentence sought by the petitioner is for enabling him to complete the construction of the house, the money for the same has been sanctioned under PMAY Scheme set up by the Central Government and two instalments have already Crl.A.1311/2016 3 been availed and within the next two months they have to complete the construction. Wife of the petitioner For information purpose only is living with the aged father of the petitioner and two minor children.
6. In the above circumstances, we find that temporary suspension of sentence and release of the petitioner would be necessary for them to complete the construction within the stipulated time. Hence we are inclined to suspend the sentence of the petitioner for a period of one month on the following conditions :
i) The petitioner shall be released on bail on executing a bond for Rs.50,000/-
(fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the trial court.
ii) From the date of his release, he shall report before the SHO concerned between 10.00 and 11.00 am on every Monday.
iii) On the date on which one month's period expires, he shall report before the Superintendent, Central prison concerned at 10.00 am.
Crl.A.1311/2016 4iv) He shall not involve in any offence while on bail.
For information purpose only
v) If the conviction and sentence of the petitioner/appellant 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 Sec.389(4) Cr.P.C.
Sd/-
K.VINOD CHANDRAN Judge Sd/-
M.R.ANITHA Judge Mrcs/26.3.
/true copy/ Sd/- ASSISTANT REGISTRAR