IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 1st day of July 2022 / 10th Ashadha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1503 OF 2018
S.C.No.129/2014 on the file of the Additional Sessions Court-V, Kottayam.
PETITIONER/APPELLANT/ACCUSED NO.1
CYRIL, AGED 40 YEARS S/O OUSEPH JOSEPH,NELLIPALLIL VEEDU,THRIKKODITHANAM
KARA,THRIKKODITHANAM VILLAGE.
RESPONDENT/RESPONDENT/STATE
STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM 682 031.(CRIME NO 282/2007 OF CHANGANACHERRY POLICE
STATION,KOTTAYAM DISTRICT)
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed vide
judgment dated 21.11.2018 in S.C.No.129/2014 on the file of the Additional
Sessions Judge-V, Kottayam and be further pleased to enlarge the
petitioner on bail for period of one month, by allowing this petition.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.S.RAJEEV, SRI.K.K.DHEERENDRA
KRISHNAN, SRI.V.VINAY, SRI.D.FEROZE, SRI.K.ANAND, Advocates for the
petitioners and of PUBLIC PROSECUTOR for the respondent, the court passed
the following:
Annexure I - A copy of the letter issued by the Vicar of St.Mary's
Church (Archdiocese of Changanaserry)
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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Crl.M.A.No.1 of 2022
in
Crl.A.No.1503 of 2018
---------------------------------------------
Dated this the 1st day of July, 2022
O R D E R
Jayachandran, J.
1. Petitioner/appellant is the first accused in S.C.No.129 of 2014 of the Additional Sessions Court- V, Kottayam. As per judgment dated 21.11.2018, petitioner, along with another, was found guilty of the offence under Section 302, r/w 34 of the Penal Code and sentenced to undergo imprisonment for life.
2. The instant petition is preferred seeking temporary suspension of the order of sentence, as also, release of the petitioner on interim bail, on the premise that, first Holy Communion of the petitioner's daughter is scheduled on 17.07.2022 at St.Mary's Church, Koothrappally P.O, that his wife is Crl.M.A.No.1 of 2022 in Crl.Appeal.No.1503 of 2018 2 a heart patient and hence, unable to manage the affairs in connection with the Holy Communion and therefore, petitioner's presence is quite necessary. Annexure-I, letter issued by the Vicar of the Church concerned, is produced in support of the above need.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. This application was opposed by the learned Public Prosecutor.
4. Having heard the learned counsel appearing on both sides, we are not inclined to allow the instant Miscellaneous application. We, primarily, take stock of the fact that the petitioner is a life convict, he having being found guilty of the most heinous offence under Section 302 of the Penal Code. We are also not satisfied of the sufficiency of the reason espoused by the petitioner, as also, the inevitability of his presence. The need espoused, when gauged with the gravity of the offence alleged, does not commend us to consider the instant application favourably/sympathetically. A person, who is sentenced Crl.M.A.No.1 of 2022 in Crl.Appeal.No.1503 of 2018 3 to undergo life imprisonment cannot seek to enforce all his rights and privileges.
Criminal Miscellaneous Application is, hence, dismissed.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
C.JAYACHANDRAN JUDGE Sbna/ 01-07-2022 /True Copy/ Assistant Registrar