IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
CRL.M.APPL.NO.1/2021 IN CRL.A NO. 1056 OF 2019
SC NO.1066/2017 OF THE ADDITIONAL SESSIONS COURT-VI, KOLLAM.
PETITIONER/APPELLANT/ACCUSED
DIJOMON, AGED 32 YEARS, S/O. RAJU, CHONGIPOIKA MEALTHIL, KANNIMEL
VEEDU, PADAPPAKKARA, PERAYAM CHERRY, PERAYAM VILLAGE.
RESPONDENT/RESPONDENT/STATE
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031 (CRIME NO. 1444/2017 OF KUNDARA POLICE
STATION, KOLLAM DISTRICT).
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed vide
Judgment dated 09.08.2019 in SC No.1066/2017 passed by the Additional
Sessions Judge-VI, Kollam, for a period of one month, in the interest of
justice, 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.DHEERENDRAKRISHNAN, SRI.V.VINAY, SRI.D.FEROZE, SRI.K.ANAND ,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the respondent,
the court passed the following:
p.t.o
Dr. Kauser Edappagath, J
-------------------------------
Crl.M.A.No.1/2021
in
Crl.A.No.1056/2019
-------------------------------
Dated this the 6th day of July, 2022
--------------------------------
ORDER
This application has been filed seeking interim suspension of sentence and also to grant interim bail to the petitioner on the ground of illness of his mother.
2. The petitioner has already undergone 1/3 rd of the sentence awarded. The medical certificate produced would show that the mother of the petitioner is seriously ill. Hence, I am of the view that the petition can be allowed and the petitioner shall be released on bail for a period of one month on the following conditions:
(i) The petitioner shall execute a bond for ₹1,00,000/- (Rupees One lakh only) with two solvent sureties the like sum each to the satisfaction of the court below.
(ii) The petitioner shall report before the SHO concerned on every Monday between 9 am and 11 am.
Crl.M.A.No.1/2021 in Crl.A.No.1056/2019 -:2:-
(iii) The petitioner shall not commit any criminal offences while on bail.
(iv) The petitioner shall not in any way directly or indirectly contact or influence the victim and shall not enter into the jurisdictional limits of the police station where the victim resides.
(v) The petitioner shall report to the Superintendent, Central Prison concerned, after the expiry of one month.
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE kp 06-07-2022 /True Copy/ Assistant Registrar