Kerala High Court
Nitheesh vs State Of Kerala on 16 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
Tuesday, the 16th day of April 2024 / 27th Chaithra, 1946
CRL.M.APPL.NO.2/2024 IN CRL.A NO.939 OF 2020
SC NO.660/2019 OF THE SESSIONS COURT, THRISSUR
APPLICANT/APPELLANT/ACCUSED:
NITHEESH, AGED 32 YEARS,
S/O SATHYANADHAN, KALLUKATTAYIL HOUSE,
VADAKKEKAD, THRISSUR DISTRICT-679562.
RESPONDENT/RESPONDENT/STATE:
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 for a period
of one month, in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. P.VIJAYA BHANU (SR.),
SRI.P.K.VARGHESE, SMT.POOJA PANKAJ, SMT.SANJANA RACHEL JOSE, Advocates for
the petitioner and of the PUBLIC PROSECUTOR for the respondent,the court
passed the following:
P.T.O.
N. NAGARESH & P.M. MANOJ, JJ.
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Crl.M.A. No.2 of 2024
in
Criminal Appeal No.939 of 2020
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Dated this the 16th day of April, 2024
ORDER
Nagaresh, J.
The appellant, who stands convicted under Sections 440, 449, 324 and 302 of the Indian Penal Code and who has been sentenced to undergo rigorous imprisonment for life under Section 302 of the India Penal Code, has filed this petition under Section 374(2) of the Code of Criminal Procedure praying that this Court may be pleased to grant interim bail to the applicant for a period of one month.
2. The applicant would submit that the marriage of the applicant's cousin sister was fixed to be solemnized on 21.04.2024 due to the anticipation that the applicant will be released on ordinary parole during Vishu and he will be present to conduct the marriage. Unfortunately, the General Crl.M.A. No.2 of 2024 in Criminal Appeal No.939 of 2020 :2: Election to the Parliament was announced and the polling in Kerala is scheduled to be held on 26.04.2024. Therefore, in view of the Model Code of Conduct, the petitioner will not be granted ordinary parole during this period.
3. Heard the learned counsel for the appellant and the learned Public Prosecutor representing the respondent.
4. The Public Prosecutor relied on a judgment of this Court in Sandhya v. Secretary, Secretariat, Thiruvananthapuram [2020 (3) KLJ 662] and submitted that a petition under the present circumstances is not maintainable before this Court.
5. It is evident that the appellant is the accused in SC No.660/2019. The appellant stands convicted under Sections 440, 449, 324 and 302 of the IPC. The allegation against the appellant is that on 04.04.2019, the appellant committed murder on the deceased Neethu by stabbing her and inflicting fatal stab injuries and thereafter poured petrol and set her ablaze.
Crl.M.A. No.2 of 2024 in Criminal Appeal No.939 of 2020 :3:
6. This Court has considered the issue of grant of interim bail to the persons convicted and has held that in view of the dictum laid down in Home Secretary, Prison v. H. Nilofer Nisha [2020 KHC 6064] for release of a convicted prisoner for short term requirements, recourse should necessarily be made to the remedy of leave, emergent or ordinary, as the case may be, under the Prisons Act and Rules.
7. Going through the pleadings and affidavit filed in support of Crl.M.A No.2 of 2024, we do not find any extraordinary facts warranting interference invoking Section 374(2) of the Code of Criminal Procedure.
The Crl.M.A is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE Sd/-
P.M. MANOJ, JUDGE spk 16-04-2024 /True Copy/ Assistant Registrar