Kerala High Court
Dileep Kumar vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 29th day of October 2021 / 7th Karthika, 1943
CRL.M.APPL.NO.2/2021 IN CRL.A NO. 681 OF 2017
S.C NO 527/2015 OF THE ADDITIONAL SESSIONS COURT -II,THIRUVANANTHAPURAM
APPLICANT/APPELLANT:
DILEEP KUMAR, AGED 45 YEARS,S/o VASUDHEVAN PILLAI, OCC: DRIVER,R/AT-
DILEEP BHAVAN(LEELA MANDIRAM),KANNANMUKKU VILLAGE,KODUVAZHANOOR
VILLAGE,THIRUVANANTHAPURAM.(PRESENTLY LODGED AT CENTRAL PRISON
POOJAPPURA,THIRUVANANTHAPURAM)
RESPONDENT/COMPLAINANT:
STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, KOCHI-18
Application praying that in the circumstances stated therein the
High Court be pleased to extend the interim order suspending the sentence
imposed on the applicant by the Judgment of guilty,conviction and sentence
in S.C.No.527/2015 dated on 29.09.2016 on the file of the Addl.District
and Sessions Court-II at Thiruvaananthapuram District and may be permitted
the applicant to continue on bail for a short period more to dealt with
above contigences,pending disposal of the above Criminal Appeal.
This Application coming on for orders upon perusing the application
and this court's order dated 24.09.2021 in Crl.MA.No 1/21 in the appeal
and upon hearing the arguments of SRI.K.K.RAJEEV, Advocate for the
petitioner, and of the PUBLIC PROSECUTOR for the respondent,the court
passed the following:
(PTO)
ANNEXURE A3:- TRUE COPY OF THE MEDICAL REPORT OF THE WIFE OF THE
PETITIONER
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
------------------------------------
Crl.MA No.2 of 2021
in Crl.MA No.1 of 2021
in Crl.Appeal No.681 of 2017
-------------------------------------
Dated this the 29th day of October, 2021
O R D E R
Jayachandran, J.
The petitioner herein is the sole accused in SC
No.527/2015 of the Additional Sessions Court-II,
Thiruvananthapuram, who is undergoing imprisonment
for life, pursuant to the judgment of conviction in
the above Sessions Case.
2. As per order dated 24.09.2021 in Crl.MA
No.1/2021, the petitioner/appellant stood enlarged
on interim bail for a period of one month, on the
ground that his wife's surgery for Hernia was
scheduled on 26.9.2021.
3. Now, by virtue of the present application,
the petitioner contends that the surgery could not
be conducted on 26.9.2021 due to the spread of
Corona Sars Virus and the same stands rescheduled
to 16.11.2021. In such circumstances, the
petitioner seeks extension of the period fixed in
the order dated 24.9.2021 in Crl.MA No.1/2021 by
one more month.
Crl.MA 2/2021 in Crl.MA 1/21 in Crl.A 681/17
4. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
5. Having heard the learned counsel appearing
on both sides, this Court is inclined to allow this
Criminal MA and to extend the period of interim
bail by one more month. This Court is convinced of
the reasons stated by the petitioner. The re-
scheduling of the surgery on 16.11.2021 is
substantiated by Annexure-A3 document issued by the
General Hospital, Thiruvananthapuram.
Resultantly, this Criminal MA is allowed,
subject to the same conditions as are stipulated
under order dated 24.9.2021 in Criminal MA
No.1/2021, extending the period of suspension of
sentence and interim bail by one month.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
jg
29-10-2021 /True Copy/ Assistant Registrar
