IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 904 OF 2021
S.C. NO.158/2012 OF THE ADDITIONAL SESSIONS COURT(MARAD CASES) KOZHIKODE.
APPELLANT/ACCUSED/APPLICANT
K.P. KOYAMON @ K.P. HYDROSKUTTY, S/O K.P.ASSAINAR, AGED 55 YEARS,
KUTTICHANTEPURAKKAL VEEDU, KADALUNDI NAGAR, ANANGADI, MALAPPURAM
DISTRICT-673314.
RESPONDENTS/COMPLAINANTS AND STATE
1.THE SUPERINTENDENT OF POLICE,CBCID, KOZHIKODE-673004.
2.THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM-682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the petitioner in
S.C.No.158/2012 passed by the Court of the Special Additional Sessions
Judge (Marad cases) Kozhikode for a period of 15 days.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.SUNNY MATHEW, Advocate for the
petitioner and PUBLIC PROSECUTOR for the rrespondents the court passed the
following:
Annexure A1- A true copy of the medical certificate pertaining to
mother of the petitioner issued from Iqraa International Hospital and
Research Center , Kozhikode
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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Crl.MA No.1 of 2022
in
Crl.Appeal No.904 of 2021
-------------------------------------
Dated this the 7th day of July, 2022
O R D E R
Jayachandran, J.
1. Petitioner/appellant is the first accused in SC No.158/2012 of the Special Additional Sessions Court (Marad Cases), Kozhikode. As per the judgment impugned in the above appeal, the petitioner was convicted for offences under Ss.120B and 153-A(2), read with S.149 of the Penal Code, as also, under Ss.3 and 5 of the Explosives Substances Act; and he was sentenced, inter alia, for imprisonment for life.
2. The instant miscellaneous application is preferred on the premise that the petitioner's mother is on her deathbed on account of serious ailments, as could be seen from Annexure-A1 medical certificate. The petitioner is desirous of being with his mother during her last days. On such premise, he seeks temporary suspension of sentence and his release on interim bail.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records. Crl.MA 1/2022 in Crl.A 904/2021 2
4. A perusal of Annexure-A1 certificate would indicate that the petitioner's mother, Kadeeja Beevi, is diagnosed with severe Aspiration Pneumonia, with RV failure. It is certified that the patient is critically ill and that she may have to be supported with 'end of life care mode of treatment'. In the circumstances referred above, we are persuaded to allow the instant miscellaneous application. The need espoused by the petitioner is genuine.
5. Resultantly, the Criminal M.A is allowed suspending the order of sentence temporarily and directing release of the petitioner on interim bail for a period of two weeks from the date of his release, subject to the following conditions:-
(i) The petitioner shall be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the trial court; Crl.MA 1/2022 in Crl.A 904/2021 3
(ii) He shall report before the S.H.O. concerned between 10.00 a.m. and 11.00 a.m on every Saturday starting from 16.07.2022.
(iii) On the date on which the period of two weeks expire from the date of his release, he shall report before the Superintendent of the Central Prison concerned at 10.00 a.m.
(iv) He shall not involve in any offence while on bail;
(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 Section 389(4) Cr.PC.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
C.JAYACHANDRAN JUDGE jg 07-07-2022 /True Copy/ Assistant Registrar