Xxx vs State Of Kerala
2021 Latest Caselaw 14457 Ker

CRL.A No.389/2021                      1/3

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                      THE HONOURABLE MRS. JUSTICE SHIRCY V.
            Tuesday, the 13th day of July 2021 / 22nd Ashadha, 1943
                  .CRL.MA.NO 1/2021 IN CRL.A NO. 389 OF 2021

          SC.NO 530/2009 OF THE FAST TRACK SPECIAL COURT,KOZHIKODE



   PETITIONER/APPELLANT:
          XXX X
          (VICTIM ANONYMITY)
   RESPONDENT/RESPONDENT:
          STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF POLICE,
          MUKKOM POLICE STATION,THROUGH PUBLIC PROSECUTOR,HIGH COURT
          OF KERALA, ERNAKULAM.

              Petition praying that in the circumstances stated
   therein the High Court be pleased to suspend the sentence passed
   by the Fast Track Special Judge, Kozhikode as per Judgment in
   Sessions Case No. 530 of 2009 and grant bail to the
   petitoner/appellant dated 23.02.2021 in relation to the above
   case pending disposal of the Criminal Appeal.



        The petiton coming on for orders upon perusing the petition
   and this Court's order dated 04.06.2021 therein and upon hearing
   the arguments of JACOB E SIMON, Advocate for the petitioner, and
   of PUBLIC PROSECUTOR for the respondent, the court passed the
   following:




                                                    (PTO)
 CRL.A No.389/2021                          2/3




                                   SHIRCY V., J
                    ---------------------------------------------
                             Crl.Appeal.389 of 2021
                ------------------------------------------------------
                       Dated this the 13th day of July, 2021.

                                      ORDER

The appellant is the accused in S.C.No.530 of 2009 of

Fast Track Special Court, Kozhikode. He was sentenced to

undergo rigorous imprisonment for a period of ten years under

Section 376 of the IPC as well to pay a fine of Rs.25000/-

apart from the sentence imposed under Sections 373 and 506.

On a perusal of the records it is seen that some of the

accused in the said sessions case were granted parole by the

jail authorities in the wake of Covid 19 and also as per the

recent decision of the Supreme Court in Suo Motu W.P.No.1 of

2020 (2021 (3) KLT 342 (SC). Like that sentence was

suspended with respect to some of the accused and they were

granted interim bail for a period of one month on executing a

bond of Rs.1,00,000/-. All the accused persons were convicted CRL.A No.389/2021 3/3

in one and same case but parole or interim bail has been

granted to some of the accused and that too to different period.

As this appellant is granted interim bail only for a period of one

month I think that it can be extended upto 3.9.2021. So there

will be uniformity with regard to the grant of parole or interim

bail to all the accused persons in the same case. Therefore, the

interim bail granted stands extended till 3.9.2021.

Sd/-

SHIRCY V

JUDGE

smm

13-07-2021 /True Copy/ Assistant Registrar