Kerala High Court
Vipin @ Brito vs State Of Kerala on 13 August, 2021
CRL.A No.1091/2019 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 13th day of August 2021 / 22nd Sravana, 1943
CRL.M.APPL.NO.1/2021 IN CRL.A NO. 1091 OF 2019
SC No.520 /2014 OF THE ADDITIONAL SESSIONS JUDGE-III,THALASSERY
APPLICANT/APPELLANT No.1:
VIPIN @ BRITO AGED 34 YEARS ,S/O. RATHEESAN, KANNINERI MEETHAL
HOUSE, KAVUMBAGAM P.O, THIRUVANGADU AMSOM, KOLASSERY
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031
Petition praying that in the circumstances stated therein High
Court be pleased to allow this Criminal Miscellaneous Application and
grant interim bail to the applicant/appellant no.1 to such period as this
Hon'ble Court deems fit and proper , in the facts and circumstances of the
case so as to secure the ends of justice.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of M/S.P.VIJAYABHANU (Sr.),P.M.RAFIQ,
N.R.SHANAVAS, V.C.SARATH, M.REVIKRISHNAN, VIPIN NARAYAN, AJEESH K.SASI,
POOJA PANKAJ, SRUTHY N. BHAT, Advocates for the petitioner and the PUBLIC
PROSECUTOR for the respondent, the court passed the following:
P.T.O
CRL.A No.1091/2019 2/3
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
Crl.M.A. No. 1 of 2021
in
Crl.Appeal No.1091 of 2019
------------------------------------------
Dated this the 13th day of August , 2021
ORDER
Ziyad Rahman A.A., J.
The petitioner is the 1st appellant and 1st accused in S.C. No. 520 of
2014 on the file of the Additional Sessions Court-III, Thalassery. As per
the judgment impugned in this appeal, the petitioner along with eight
other accused were found guilty under Sections 143,147,341 and 302
r/w. Section 149 of the Indian Penal Code. His sentence includes life
imprisonment as well.
2. In this application, the petitioner seeks suspension of
sentence for a short period. He points out that earlier he was granted
parole and accordingly he was released for seven days. However, while
he was in parole, he was affected with Covid-19 and had undergone
treatment in Thalassery Co-operative hospital till 1.8.2021. He submits
that even after he was discharged from the hospital, he is having some
breathing issues, joint pains, chest pains, sleeping issues etc. In such
circumstances, he is seeking suspension of sentence.
Considering the fact that, the petitioner was infected with Covid
positive and is reported to have certain health issues relating to the
same, we deem it appropriate to grant some time to the petitioner and
CRL.A No.1091/2019 3/3
Crl.M.A.No.1 of 2021 in
accordingly this application is allowed by suspending the sentence
imposed upon him as per the judgment in S.C. No. 520 of 2014 by the
Additional Sessions Court-III, Thalassery 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
13-08-2021 /True Copy/ Assistant Registrar
