Kerala High Court
Indrankutty @ Shabu vs State Of Kerala on 6 October, 2021
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 6th day of October 2021 / 14th Aswina, 1943
CRL.M.APPL.NO.4/2021 IN CRL.A NO. 513 OF 2020
SC 507/2013 OF THE IV ADDITIONAL SESSIONS COURT, THRISSUR.
PETITIONER/ACCUSED NO.5/2ND APPELLANT
LALU @ LALJITH, AGED 37 YEARS S/O. PUSHPA @ PUSHPAKARAN, MUNDAKKAL (H),
THEKKAKARA, MANNAMPETTA, AMBALLUR.
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, PUDUKKAD
POLICE STATION IN CRIME NO. 766/2012 OF PUDUKKAD POLICE STATION,
THRISSUR DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031
Petition praying that in the circumstances stated therein the High
Court be pleased to allow this petition granting interim bail to the
petitioner/accused No.5 for a period of 4 months, pending disposal of the
above Criminal Appeal.
This Petition coming on for orders upon perusing the petition and
this Court's order dated 06/07/2021 in Crl MA 3/21 in the Appeal and upon
hearing the arguments of SRI.M.H.HANIS, Advocate for the petitioner and of
PUBLIC PROSECUTOR for the Respondent, the court passed the following:
p.t.o
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
Crl.M.A.No. 4 of 2021
in
Crl.Appeal No. 513 of 2020
-------------------------------------------------
Dated this the 6th day of October, 2021
ORDER
Ziyad Rahman A.A., J.
The petitioner is the 2nd appellant and the 5th
accused in S.C.No.507/2013 on the file of the IVth
Additional Sessions Court, Thrissur. As per the
judgment passed by the Sessions Court, he stands
convicted for the offences punishable under Sections
143,147,148,341,324,326,302,120(B),201 r/w. Section
149 of the Indian Penal Code and Section 27 of the
Arms Act.
2. This application is submitted by the
petitioner seeking suspension of sentence on the
ground that his parents are not well and his presence
is required along with them. In such circumstances,
he prays for an order of suspension of sentence for a
period of four months.
Crl.M.A.No. 4 /2021
Crl.Appeal No. 513 /2020
3. We notice that, earlier the petitioner
submitted Crl.M.A.No.3/2021 highlighting the very
same ground for suspending the sentence imposed upon
him. After considering the merits of the grounds, we
dismissed the said application highlighting specific
reasons for the same. The aforesaid order was passed
on 6.7.2021. As the reasons highlighted in this
petition are not different from what was considered
by this Court in the order dated 6.7.2021, we do not
think that this application is entertainable. Apart
from the above, even though one of the reasons
stated by the petitioner is the ailment of his
parents, no documents are also produced along with
the petition to substantiate the same. Even
according to the contents of the petition, the
treatments availed by his parents were in the years
2016-2017.
Crl.M.A.No. 4 /2021
Crl.Appeal No. 513 /2020
In the above circumstances, we do not find any
merit in the prayer sought for by the petitioner and
accordingly it is dismissed.
Sd/- Sd/-
K.VINOD CHANDRAN ZIYAD RAHMAN A.A.
JUDGE JUDGE
pkk
06-10-2021 /True Copy/ Assistant Registrar
