Supreme Court of India
MANU @ MANOJ K VS. THE STATE OF KERALA - on 27 October 2026
ITEM NO.31 COURT NO.14 SECTION II-D
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO(S). 60237/2026
[Arising out of impugned final judgment and order dated 20-12-2023
in CRLA No. 1209/2018 passed by the High Court of Kerala at Ernakulam]
MANU @ MANOJ K PETITIONER(S)
VERSUS
THE STATE OF KERALA RESPONDENT(S)
(IA No. 305918/2026 - CONDONATION OF DELAY IN FILING
IA No. 305919/2026 - EXEMPTION FROM FILING O.T.)
Date : 27-10-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
For Petitioner(s) :Mr. Devendra Singh- 175, AOR
Mr. Abhishek Wadiyar, Adv.
Mrs. Diva Singh, Adv.
Mr. Shubham Singh, Adv.
Mr. Somansh Sharma, Adv.
Ms. Pawni Sharma, Adv.
Mr. Karan Thakur, Adv.
For Respondent(s) : Mr. Aljo K. Joseph, AOR
Mr. Sashwat Mishra, Adv.
UPON hearing the counsel the Court made the following
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O R D E R
1. There is a delay of 922 days in filing the present Special Leave Petition. However, as this is a legal aid matter and the petitioner lacked the means to approach this Court and was in jail, he could not file the petition in time. Hence, the delay stands condoned.
Digitally signed by JAGDISH KUMAR Date: 2026.10.28 13:02:51 IST
Reason:
Signature Not Verified
2. Issue notice.
3. Mr. Aljo K. Joseph, learned counsel appears for the respondent-State of Kerala accepts notice. Service of formal notice on the State, thus, stands dispensed with. Let counter affidavit be filed in the matter within a period of four weeks.
4. The petitioner before this Court has been convicted for offences punishable under Section 376(2)(n) of the Indian Penal Code, 1860 and Sections 5(j)(ii) and 5(1) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and has been awarded sentence of 10 years rigorous imprisonment along with fine of Rs.50,000/-. The petitioner has undergone 5 years 7 months sentence.
5. Learned counsel for the petitioner has stated before this Court that keeping in view the period of incarceration and statement of witnesses the petitioner is entitled for suspension of sentence. On the other hand, learned Government Advocate has vehemently opposed the prayer for suspension of sentence.
6. This court after hearing learned counsel for the parties and after going through the record is of the opinion that the prayer for suspension deserves to be allowed and the same is accordingly allowed.
7. The petitioner shall be released on bail during the pendency of the special leave petition, subject to such terms and conditions as may be imposed by the Trial Court.
8. List the special leave petition in due course. (JAGDISH KUMAR) (KOMAL) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)