Kerala High Court
Naveen vs State Of Kerala on 12 August, 2021
CRL.A No.497/2019 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 12th day of August 2021 / 21st Sravana, 1943
CRL.M.APPL.NO.20/2021 IN CRL.A NO. 497 OF 2019
S.C.NO.705/2015 OF THE IV ADDITIONAL SESSIONS
JUDGE,THRISSUR
PETITIONER/ 5TH APPELLANT:
SUBIN @ KANNAN, AGED 30 YEARS, S/O. KARAPPU, THEKKEPPATTU HOUSE,
THIRUNELLUR DESOM
RESPONDENT/RESPONDENT:
STATE OF KERALA ,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNKULAM-31
Petition praying that in the circumstances stated therein the
affidavit filed therewith the High Court be pleased to grant interim
suspension of sentence for a period of two months to the petitioner/5th
appellant , for the purpose of his mother's treatment , in the interest of
justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support thereof, and upon hearing the arguments of
,B.RAMAN PILLAI(Sr.) SANDEEP T.K,ARJUN SREEDHAR,ARUN KRISHNA DHAN,ALEX
ABRAHAM, R.ANIL,M.SUNIL KUMAR,SUJESH MENON V.B,T.ANILKUMAR,SANDEEP
T.K,THOMAS ABRAHAM,THOMAS SABU VADEKEKUTU,MAHESH BHANU,S.LAKSHMI
SANKAR,Advocates for the petitioner and the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
P.T.O
CRL.A No.497/2019 2/4
ANNEXURE-A1 :-A true copy of the Medical Certificate issued by Dr.AswinKumar.K(Fellow in Paediatic
Orthopaedics Consultant Orthopaedic Surgeon),Sreevalsam Institute of Medical Sciences,Naduvattom
,Edappal.
CRL.A No.497/2019 3/4
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
Crl.M.A. No. 20 of 2021
in
Crl.Appeal No.497 of 2019
-------------------------------------------------
Dated this the 12th day of August, 2021
ORDER
Ziyad Rahman A.A., J.
This petition is submitted by the 5 th appellant/ 5th accused in S.C.
No.705 of 2015 on the file of the IV th Additional Sessions Court, Thrissur.
The prayer sought for in this petition is to pass an interim order
suspending his sentence. The reason highlighted by the petitioner is
that his mother requires some urgent treatment for which his presence
is required. He submits that his mother is admitted at Sreevalsam
hospital, Naduvattom, Edappal for undergoing Arthroscopy on right
knee. To substantiate the same, he has produced Annexure A1 certificate
issued from the hospital. The petitioner submits that, surgical
procedures which has to be performed requires a minimum two weeks
hospitalization and bed rest for about one month. In such circumstances,
the petitioner is seeking an interim bail.
3. Considering the reason highlighted by the petitioner, this
Court deem it appropriate to grant the relief sought for by the petitioner.
In the above circumstances, this application is allowed and the sentence
imposed upon the petitioner as per the judgment passed in S.C. No.705
CRL.A No.497/2019 4/4
Crl.M.A. No. 20 of 2021
of 2015 on the file of the IV th Additional Sessions Court, Thrissur is
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
each for the like sum to the satisfaction of the trial court;
ii) From the date of his release, he shall report before the SHO
concerned between 10.00 a.m. and 11.00 a.m on every Friday starting
from 20.08.2021;
iii) On the date on which one month expires, he shall report
before the Superintendent, Central Prison concerned at 10.00 a.m.;
iv) He 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 he is so released shall be
excluded in computing the term of his sentence as provided in Section
389(4) Cr.P.C.
Sd/- Sd/-
K.VINOD CHANDRAN ZIYAD RAHMAN A.A.
JUDGE JUDGE
pkk
12-08-2021 /True Copy/ Assistant Registrar
