Kerala High Court
Sabu.J vs State Of Kerala on 13 August, 2021
CRL.A No.462/2021 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.2/2021 IN CRL.A NO. 462 OF 2021
SC 565/2011 OF III ADDITIONAL SESSIONS COURT, KOLLAM
PETITIONER/APPELLANT:
SABU.J AGED 39 YEARS S/O. JOHNSON, VADAKKEDATHU KIZHAKKATHIL,
ARINALLOOR MURI, THEVALAKKARA VILLAGE, VIA MAMMOTTILKADAVIL, KOLLAM
DISTRICT, PIN-690 524 (CONVICT NO.2741, CENTRAL PRISON, POOJAPPURA,
THIRUVANANTHAPURAM, PIN-695 012).
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
Petitionn praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence imposed on the
petitioner in S.C.No.565/2011 before the Third Additional Sessions
Court,Kollam for aperiod of one month.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments o fM/S. M.P.MADHAVANKUTTY, K. REMIYA
RAMACHANDRAN, Advocates for the petitioner and the PUBLIC PROSECUTOR for
the respondent, the court passed the following:
P.T.O
CRL.A No.462/2021 2/3
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
Crl.M.A.No. 2 of 2021
in
Crl.Appeal No.462 of 2021
---------------------------------------
Dated this the 13th day of August, 2021
ORDER
Ziyad Rahman A.A., J.
The petitioner is the appellant and the 3rd accused in S.C.No.
565/2011 on the file of the III Additional Sessions Court, Kollam. He was
found guilty for the offences punishable under Sections 341, 302 and
427 r/w. Section 34 of the Indian Penal Code. He was sentenced to
undergo imprisonment for life and to pay a fine of Rs.1,00,000/-.
2. This petition is submitted by the petitioner seeking suspension
of sentence imposed upon him for a period of one month on the reason
that the petitioner's mother is suffering from coronary artery disease and
he wants her mother to be consulted with a specialist doctor. In such
circumstances, his presence is required, as there are no other persons to
take her to hospital. In support of his condition, he produced Annexure-1
medical certificate as well.
3. Considering the facts and circumstances and the reason
highlighted by the petitioner, we are of the view that the sentence
imposed upon the petitioner can be suspended for a short period.
Accordingly, this application is allowed and the sentence imposed upon
the petitioner as per the judgment in S.C.No.565/2011 by the
CRL.A No.462/2021 3/3
Crl.M.A. No. 2 of 2021 in
III Additional Sessions Court, Kollam 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/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
13-08-2021 /True Copy/ Assistant Registrar
