Bindhu P vs State Of Kerala

Kerala High Court

Bindhu P vs State Of Kerala on 27 June, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
   THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                      WP(CRL.) NO. 700 OF 2024
 CRIME NO.568/2017 OF Mavelikkara Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT IN SC NO.345 OF 2017 OF FAST TRACK
                       SPECIAL COURT, HARIPAD.
PETITIONER:

           BINDHU P
           AGED 51 YEARS
           W/O SIVANANDHAN BINDHU SIVAKRIPA VEEDU FROM BINDU
           BHAVANAM, KURUVIKKAD COLONY, KANDIYOOR MURI,
           MAVELIKKARA, ALAPPUZHA DISTRICT., PIN - 690103
           BY ADVS.
           P.S.ANISHAD
           LIMNA BHASKARAN
           K.K.SHEEBA
           ARCHANA MITHRAN O.K.
           AISWARYA K.S.


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY HOME SECRETARY, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2      THE SUPERINTENDENT OF CENTRAL PRISON
           CENTRAL PRISON, POOJAPPURA, THIRUVANTHAPURAM, PIN -
           695012
    3      THE STATION HOUSE OFFICER
           MAVELIKKARA POLICE STATION ALAPPUZHA DISTRICT, PIN
           - 690101
OTHER PRESENT:

           SR PP RENJITGEORGE


    THIS      WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl) NO.700 OF 2024
                                  2

                             JUDGMENT

Dated this the 27th day of June, 2024 This Writ Petition (Crl) has been filed under Article 226 of the Constitution of India seeking the following prayer.

"A. Issue a writ of mandumus or any other writ, order or direction, directing the 2 nd respondent to release Gireesh for the period of two months as interim bail.

B. Be further pleased to issue such other writ or order or direction as may deem fit and proper in the circumstances of the case. C. Petitioner also prays that this Hon'ble Court may be pleased to dispense with the English translation of the documents produced in the Vernacular Language."

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. W.P.(Crl) NO.700 OF 2024 3

3. Earlier the petitioner was granted three days parole as per order dated 05.06.2024 in Writ Petition (Crl) No. 583 of 2024. Now also he seeks emergency parole on the same ground. Since, repeated request for emergency parole cannot be considered and the same is opposed by the learned Public Prosecutor, this petition is liable to be fail.

Accordingly, Writ Petition (Crl) stands dismissed.

Sd/-

A. BADHARUDEEN JUDGE Mms W.P.(Crl) NO.700 OF 2024 4 APPENDIX OF WP(CRL.) 700/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE REPORT ISSUED FROM THE REGIONAL CANCER CENTER DATED 20.06.2024 Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 20TH MAY 2024 ISSUED FROM THE REGIONAL CANCER CENTER THIRUVANANTHAPURAM Exhibit P3 A TRUE COPY OF THE SURGICAL TREATMENT PLAN OF ASWATHY ISSUED FROM THE REGIONAL CANCER CENTRE FROM THE DIVISION OF SURGICAL, ONCOLOGY DATED 02/05/2024 Exhibit P4 A TRUE COPY OF THE INTERIM ORDER IN WP(CRL) 583/2024 PASSED BY THIS HON'BLE COURT DATED 05/06/2024 Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP(CRL) 583/2024 OF THIS HON'BLE COURT DATED 10/06/2024 Exhibit P6 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 07.06.2024 Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED 05/01/2023 OF THIS HON'BLE COURT IN CRL. M.APPL. NO. 2/2022 IN CRL.A. NO.

Exhibit P8 A TRUE COPY OF THE ORDER DATED 17/02/2023 IN CRL.M.APPL NO. 1/2023 IN CRL.A.174/2022 OF THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE ORDER DATED 23/02/2023 IN CRL.M.APPL NO. 1/2023 IN CRL.A. 174/2022 OF THIS HON'BLE COURT