Kerala High Court
Ayisha vs State Of Kerala on 11 August, 2021
CRL.A No.314/2020 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday, the 11th day of August 2021 / 20th Sravana, 1943
CRL.M.APPL.NO.1/2021 IN CRL.A NO. 314 OF 2020
SESSIONS CASE NO.418/2014 OF THE ADDITIONAL SESSIONS COURT-1 MANJERI.
(SPECIAL COURT FOR THE TRIAL OF OFFENCE AGAINST CHILDREN)
APPLICANT/APPELLANT/ACCUSED
AYISHA, AGED 43 YEARS, W/O RAFEEQUE, D/O MOIDUTTY, PANTHALPARAMBIL HOUSE, POST
ANANGHAVUR, CHERULAL, MALAPPURAM DISTRICT-676301.
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
Petition praying that in the circumstances stated therein the High
Court be pleased to grant an interim bail of one month to the petitioner
in S.C.No.418/2014 of the Special Court for Trial of Offence Against
Children (Additional Sessions Court-1, Manjeri, in the interest of
justice.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of M/S P.K.VARGHESE, SANJANA RACHEL JOSE,
Advocates for the petitioners and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
( p.t.o)
CRL.A No.314/2020 2/5
Annexure -I :A true copy of Standing Disability Assessment Board Certificate dated 14.07.2010
issued by the Taluk Head quarters Hospital Tirur,Malappuram District
CRL.A No.314/2020 3/5
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
Crl.M.A. No. 1 of 2021
in
Crl.Appeal No. 314 of 2020
-------------------------------------------------
Dated this the 11th day of August , 2021
ORDER
Ziyad Rahman A.A., J.
The petitioner is the appellant who is the 1st
accused in S.C. No. 418 of 2014 on the file of the
Court for the trial of offences against Children
(Additional Sessions Court-I), Manjeri. As per the
judgment passed therein, she stands convicted under
Sections 302 and 309 of the Indian Penal Code.
2. In this application, she submits that, her
mother who is a person with physical disability of
60% is unable to maintain herself and the petitioner
is seeking interim bail for one month to make
arrangements for looking after her mother. In order
to substantiate the physical disability of her
mother, Annexure-1 certificate is also produced.
CRL.A No.314/2020 4/5
Crl.M.A. No. 1 of 2021
3. As we understand that the assistance of the
petitioner or any other person is inevitable for her
mother to lead a normal life with her disability, we
feel it appropriate to grant the relief as sought
for by the petitioner for a short duration.
Accordingly, this petition is allowed and the
sentence passed in S.C.No.418 of 2014 by the Special
Court for the trial of offences against Children
(Additional Sessions Court-I), Manjeri shall stand
suspended for a period of one month subject to the
following conditions:
i) The petitioner shall be released on bail on
executing a bond for Rs.50,000/-(Rupees Fifty
thousand only) with two solvent sureties for the
like sum to the satisfaction of the trial court;
ii) From the date of her release, she shall
report before the SHO concerned between 10.00 a.m.
and 11.00 a.m on every Friday starting from
13.8.2021;
CRL.A No.314/2020 5/5
Crl.M.A. No. 1 of 2021
iii) On the date of which one month's period
expires, she shall report before the Superintendent,
Central Prison concerned at 10.00 a.m.;
iv) She 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 she is so released shall be
excluded in computing the term of her sentence as
provided in Section 389(4) Cr.P.C.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
11-08-2021 /True Copy/ Assistant Registrar
