IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 683 OF 2018
SESSIONS CASE NO.600/2016 OF THE ADDITIONAL SESSIONS COURT, IRINJALAKUDA.
APPLICANT/APPELLANT NO.4
SHINU @ MANIKYAN @ SHINUTTAN, AGED 29 YEARS, S/O.PARAMAN, KAIIPPANCHERY
HOUSE, ANANDAPURAM DESOM, THRISSUR-680305.
(MISTAKENLY SHOWN AS S/O PALAMAN, KURIPPANCHERY HOUSE, IN JUDGMENT AND
MEMORANDUM OF APPEAL)
RESPONDENT/RESPONDENT
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
Application praying that in the circumstances stated therein the
High Court be pleased to grant interim bail to the Applicant/Accused for
such period as this Hon'ble Court deems fit and proper, in the interests
of justice, so as to secure the ends of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.P.VIJAYA BHANU (SR.), SRI.AJEESH
K.SASI, SRI.C.JAYAKIRAN, SMT.MITHA SUDHINDRAN, SMT.POOJA PANKAJ,
SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.V.C.SARATH, SRI.VIPIN NARAYAN,
Advocates for the petitioner and PUBLIC PROSECUTOR for the respondent, the
court passed the following:
p.t.o
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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Crl.M.A.No.1 of 2022
in
Crl.A.No.683 of 2018
---------------------------------------------
Dated this the 29th day of June, 2022
O R D E R
Jayachandran, J.
1. Petitioner/appellant is the 4th accused in S.C.No.600 of 2016 of the Additional Sessions Court, Irinjalakkuda. He, along with other accused persons, were found guilty of offences inter alia under section 302 of the Penal Code and is undergoing imprisonment for life.
2. In the instant application, petitioner seeks temporary suspension of the order of sentence, as also, his release on bail, on the premise that his mother is advised to undergo a hysterectomy surgery as evinced from Annexure-2 medical certificate. Petitioner wants to take a secondary medical opinion, Crl.M.A.No.1 of 2022 in Crl.A.No.683 of 2018 2 which needs to be done immediately on account of the gravity of the health condition of his mother, for which, the presence of the petitioner is inevitable.
3. Having heard the learned counsel appearing for the petitioner and learned Public Prosecutor, we are inclined to suspend the sentence, as also, to release the petitioner on interim bail for a limited period of ten days, so as to enable the petitioner to take his mother to a doctor of his choice for the purpose of secondary medical opinion. We find that the need espoused by the petitioner is genuine and bonafide and that, his presence is required for the same.
In the result, this Crl.M.A. is allowed and the order of sentence is suspended, 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.
(ii) On the date on which the period of ten days expire, he shall report before the Crl.M.A.No.1 of 2022 in Crl.A.No.683 of 2018 3 Superintendent of the Central Prison concerned at 10.00 a.m.
(iii) He shall not involve in any offence while on bail.
(iv) 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.P.C.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
C.JAYACHANDRAN JUDGE Sbna/ 29-06-2022 /True Copy/ Assistant Registrar