Kerala High Court
Sirajudheen @ Kunhimon vs State Of Kerala on 7 July, 2021
CRL.A No.1260/2016 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 7th day of July 2021 / 16th Ashadha, 1943
CRL.MA.NO.3/2021 IN CRL.A NO. 1260 OF 2016
S.C. NO.148/2011 OF THE ADDITIONAL SESSIONS COURT-III, MANJERI.
APPLICANT/APPELLANT/ACCUSED:
SIRAJUDHEEN @ KUNHIMON S/O.KUTTYMOIDU, PUNNAKKAPARAMBIL
HOUSE,EDAYKKAL AMSOM, MUNNATHUPARAMBA,MALAPPURAM DISTRICT.
RESPONDENT/RESPONDENT/COMPLAINANT:
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 interim bail to the
Applicant/Appellant/Accused in S.C. No.148 of 2011 on the files
of the Court of Additional Sessions Judge-III, Manjeri, so as to
secure the ends of justice.
This petition cominig for orders up on perusing the petition
and up on hearing the arguments M/s..SRI.P.VIJAYA BHANU
(SR.),SRI.P.M.RAFIQ,SRI.M.REVIKRISHNAN,SRI.VIPIN
NARAYAN,SRI.AJEESH K.SASI,SRI.V.C.SARATH,SMT.POOJA
PANKAJ,SRI.THOMAS J.ANAKKALLUNKAL,SRUTHY N. BHAT, Advocates for
the petitioner and PUBLIC PROSECUTOR for the respondent, the
court passed the following.
CRL.A No.1260/2016 2/5
Annexure A:-True copy of the certificate issued by Regional Cancer centre ,
Thiruvananthapuram
Annexure B:-True copy of the laboratory report issued by Grama medical lab.
CRL.A No.1260/2016 3/5
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
Crl.M.A.No.3 of 2021
in
Crl.Appeal No.1260 of 2016
-------------------------------------------------
Dated this the 7th day of July, 2021
ORDER
Ziyad Rahman A.A., J.
The petitioner is the sole appellant in this appeal which was filed
challenging the conviction and sentence imposed in the judgment in
S.C.No. 148 of 2011 by the Additional Sessions Court-III, Manjeri. As
per the said judgment, the petitioner stands convicted for the offences
punishable under Sections 302 and 392 of the Indian Penal Code (IPC).
He is sentenced to undergo imprisonment for life and to pay a fine of
Rs.1,00,000/- under Section 302 IPC and rigorous imprisonment for a
period of 10 years and to pay a fine of Rs.10,000/- under Section 392 of
IPC.
2. In this application, the petitioner is praying for suspension of
the order passed by the Sessions Court in the above case. Earlier, the
said prayer was considered by this Court on merits and dismissed the
same as per order dated 6.1.2017 in Crl.M.A.No.7611 of 2016. Now in
this application, the reason highlighted by the petitioner is that his
mother is aged 68 years and she is suffering from Squamous Cell
Carcinoma which is a form of cancer and she is undergoing treatment at
CRL.A No.1260/2016 4/5
Crl.M.Appl.No.3 of 2021
Regional Cancer Centre, Thiruvananthapuram. To substantiate the
same, he produced Annexure A certificate from the hospital. He points
out that his father is aged 76 years old and he is suffering from various
lifestyle ailments. Annexure B Laboratory report is produced to
substantiate the same. According to the petitioner, both the parents
require urgent medical attention and there is no one to lookafter their
affairs. The prayer for suspension of sentence is sought for, in the above
circumstances.
3. We have gone through the petition and also the documents
produced along with the same. Annexure A shows that the mother is
under treatment for cancer.
4. Considering the gravity of offence and also taking note of the
order passed by this Court in Crl.M.A.No.7611 of 2016, the prayer
sought for by the petitioner cannot be granted as prayed for. However,
in order to ensure proper treatment of the mother of the petitioner and
also the father, he can be released for a limited period for enabling him
to make necessary arrangements for the same.
In the above circumstances, this application is allowed and the
sentence imposed upon the petitioner in S.C.No.148 of 2011 of
CRL.A No.1260/2016 5/5
Crl.M.Appl.No.3 of 2021
Additional Sessions Court-III, Manjeri 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
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 and 11.00 a.m on every Monday;
iii) On the date of which one month period 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
07-07-2021 /True Copy/ Assistant Registrar
