Vipin vs State Of Kerala
2021 Latest Caselaw 167 Ker

  Crl.MC.31/2021                     1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

   TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                        Crl.MC.No.31 OF 2021(D)

AGAINST THE ORDER/JUDGMENT IN CRL.M.P.2056/2020 IN CRA 343/2014
   DATED 24-11-2020 OF ADDITIONAL DISTRICT COURT, THRISSUR

   AGAINST THE ORDER/JUDGMENT IN SC 990/2009 OF PRINCIPAL SUB
                         COURT,THRISSUR


PETITIONER/S:

                VIPIN
                AGED 24 YEARS
                S/O. THOTTIPPARAMBIL VENU, CHITTISSERY,
                NENMANIKARA, AMBALLUR, THRISSUR DISTRICT, PIN-680
                301.

                BY ADVS.
                SRI.C.P.UDAYABHANU
                SRI.NAVANEETH.N.NATH

RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY THE STATION HOUSE OFFICER, THRISSUR
                TOWN EAST POLICE STATION, REPRESENTED BY THE PUBLIC
                PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.


OTHER PRESENT:

                SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
   Crl.MC.31/2021                     2


                              V.G.ARUN, J.
               -----------------------------------------------
                       CRL.M.C.No. 31 of 2021
               -----------------------------------------------
              Dated this the 5th day of January, 2021

                                ORDER

Petitioner was the 4th accused in S.C.No.990 of 2009 of the

Principal Assistant Sessions Court, Thrissur, and was convicted and

sentenced for the offences under Sections 143, 147, 148, 324 and 308

read with 149 of IPC. Aggrieved, the petitioner preferred an appeal and

as per Annexure A1 judgment dated 23.10.2020, the First Additional

Sessions Court, Thrissur allowed the appeal in part and acquitted the

petitioner of the offences, other than those punishable under Sections

147, 148 and 324 of IPC. Considering the age and circumstances of the

accused and nature of the case, the appellate court ordered to release

the petitioner and others on probation of good conduct, on their

executing a bond for Rs.50,000/- with two sureties for the like sum.

2. It is submitted that the petitioner was a student when the

incident occurred and after much effort, he secured a job in a private

Company at Riyadh in July, 2019 and is continuing at Riyadh. Though

the petitioner requested his employer for leave, so as to comply with

the condition in the appellate judgment, it was informed that he will

have to either quit the job or wait for one year, till he becomes entitled

for holidays. Moreover, under the prevailing circumstances, normal

travel facility is not available and it is impossible for the petitioner to

travel to Kerala and to return to his work place immediately. Therefore,

the petitoiner submitted Annexure 2 application seeking four months

time for executing the bond as directed in Annexure A1. By Annexure

A3 order, the appellate court allowed the applicatoin in part and

granted one month's time from the date of order (24.11.2020) for

complying with the direction.

3. The learned counsel for the petitioner submits that under the

prevailing circumstances, it is almost impossible for the petitioner to

travel from Saudi Arabia to Kerala. Further, the petitioner will have to

quit his job if he is forced to leave his work place before 31.3.2021. It is

therefore, requested that the time limit fixed in Annexure A1 may be

extended by four months or at least till 31.3.2021.

4. No doubt, the petitioner is bound to comply with the direction

in Annexure A1, if he is to get the benefit of the judgment. But, this

Court cannot turn a blind eye towards the difficulties being faced by

the people at large in the prevailing due to the pandemic situation.

Hence, it is only appropriate to grant the petitioner, reasonable time

for complying with the direction in Annexure A1.

In the result, the Crl.M.C is allowed. The time for compliance of

the directions in Annexure A1 is extended till 31.3.2021.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I COPY OF THE JUDGMENT DATED 23.10.2020 IN CRL.APPEAL NO.243/2014 PASSED BY THE IST ADDL. SESSIONS COURT, THRISSUR.

ANNEXURE II COPY OF THE APPLICATION DATED 13.11.2020 FILED BY THE COUNSEL.

ANNEXURE III CERTIFIED COPY OF THE ORDER IN CRL.M.P.

2056/2020 DATED 24.11.2020 IN CRL.APPEAL NO.243/2014 PASSED BY THE HON'BLE IST ADDITIONAL SESSIONS COURT, THRISSUR.