IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 24th day of June 2022 / 3rd Ashadha, 1944
CRL.MA NO.1/2022 IN CRL.A NO. 1101 OF 2016
S.C.No.439/2015 on the file Additional District & Sessions Court,Ernakulam
APPELLANT/ACCUSED NO.4
NIYAS @ MASTHAN, AGED 28 YEARS, S/O NAINAR, MUNDAKKAL HOUSE,
MUNDAKKAL BHAGAM, KANGARAPPADI, THRIKKAKKARA NORTH VILLAGE,
ERNAKULAM DISTRICT-682021.
RESPONDENT/COMPLAINANT
THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031.
Petition praying that in the circumstances stated therein the High
Court be pleased to suspend the execution of sentence passed against the
petitioner/appellant/4th accused by the judgment in S.C.No.439/2015 on the
file Additional District & Sessions Judge (POCSO) Ernakulam dated
18-7-2016, for a period of three months in the interest of justice.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of SRI.M.J.SANTHOSH, Advocate for the
petitioner and PUBLIC PROSECUTOR for the respondent, the court passed the
following.
P.T.O
Annexure A1- The original medical certificate dated 22/07/2021
AnnexureA2- The true copy of the medical certificate dated 5/4/21
Annexure A3- The original medical certificate dated 6/5/22
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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Crl.M.A No.1 of 2022
in
Crl.Appeal No.1101 of 2016
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Dated this the 24th day of June, 2022
O R D E R
Jayachandran, J.
1. The fourth accused in S.C.No.439/2015 of the Additional Sessions Court for trial of cases relating to Atrocities and Sexual Violence against Women and Children, Ernakulam is the petitioner/appellant herein. The petitioner/appellant was convicted for offences under Ss.120B(1), 366, 376D, 394, 323, 342, 212 and 34 of the Penal Code and he, along with others, were inter alia, sentenced to undergo imprisonment for life stipulating that the same is for the remainder of their natural life.
2. In the instant petition, the petitioner seeks temporary suspension of sentence, as also, his release on interim bail, on the premise that the petitioner's mother is suffering from bipolar affective disorder and is undergoing treatment. Petitioner is the only son and his presence is very much required for recovery of his mother. Annexures-A1 to A3 medical certificates are produced in support of his mother's disease.
Crl.MA 1/22 in Crl.Appeal 1101/2016 2
3. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, we are not inclined to allow the instant application. Primarily, we take stock that the petitioner has been found guilty of a very heinous crime of gang rape. Going by the prosecution allegations, accused nos.1 to 4 abducted CW1 and CW2 pursuant to a criminal conspiracy and committed gang rape on CW1, one after the other. We also take note that the punishment imposed is imprisonment for life, thereby meaning remainder of the natural life of the accused persons, including the petitioner. We are also not impressed of the sufficiency of the ground pleaded by the petitioner/A4. The petitioner's mother is allegedly suffering from bipolar affective disorder and it is the petitioner's case that his presence would improve her situation.
4. We cannot, but find that the petitioner cannot render any effective assistance for a reasonable period to his mother, he being a life convict. Having regard to the nature of the disease, petitioner's Crl.MA 1/22 in Crl.Appeal 1101/2016 3 temporary presence is unlikely to create any positive impact. We are also not satisfied that there is no one other than the petitioner to take care of his mother. That apart, the medical situation of the petitioner's mother is not indicated to be critical. A person, who is convicted for serious offences and undergoing sentence of life imprisonment, that too for the remainder of his life, cannot seek to enforce all his liberties and rights.
5. In the afore mentioned circumstances, we are not inclined to allow this Crl.M.A, with the result, the same would stand dismissed.
6. List the Criminal Appeal on 5.8.2022 for final hearing in the 500 list.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
C.JAYACHANDRAN JUDGE jg 24-06-2022 /True Copy/ Assistant Registrar