Dileep Kumar vs State Of Kerala
2021 Latest Caselaw 20091 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                     &
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
          Friday, the 24th day of September 2021 / 2nd Aswina, 1943
                CRL.M.APPL.NO.1/2021 IN CRL.A NO. 681 OF 2017
   SC NO 527/2015 OF THE ADDITIONAL SESSIONS COURT II,Thiruvananthapuram
APPLICANT/APPELLANT:

     DILEEP KUMAR, AGED 45 YEARS,S/o VASUDEVAN PILLAI,OCC: DRIVER,R/AT-
     DILEEP BHAVAN(LEELA MANDIRAM)KANNANMUKKU VILLAGE,KODUVAZHANOOR
     VILLAGE,THIRUVANANTHAPURAM(PRESENTLY LODGED AT CENTRAL PRISON
     POOJAPURA,THIRUVANANTHAPURAM C.NO.1343

RESPONDENT/RESPONDENT:

     STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA,ERNAKULAM,KOCHI-31

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend 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
Thiruvananthapuram District and release the applicant on bail,pending
disposal of the above Criminal Appeal.
     This Application coming on for orders upon perusing the application
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 - A1: TRUE COPY OF THE MEDICAL REPORT OF THE WIFE OF THE
PETITIONER
             K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
           -----------------------------------------------------------
                            Crl.M.A.No. 1 of 2021
                                          in
                          Crl.Appeal No. 681 of 2017
                -------------------------------------------------
               Dated this the 24th day of September, 2021



                                    ORDER

Ziyad Rahman A.A., J.

The petitioner is the appellant and the

accused in S.C.No.527/2015 on the file of the

Additional Sessions Court-II, Thiruvananthapuram.

As per the judgment impugned in this appeal, he

stands convicted for the offences punishable under

Sections 302,394,307 and 449 of the Indian Penal

Code. The sentence imposed upon him includes life

imprisonment as well.

2. In this case, the petitioner seeks for

suspension of sentence for a short period on the

ground that his wife is admitted in a hospital and Crl.M.A.No. 1 /2021 Crl.Appeal No. 681 /2017

advised for a hernia surgery. He further submits

that, the surgery is scheduled to be conducted on

26.09.2021. He points out that the marriage of

the petitioner is an inter-caste marriage and

they have two daughters who are alone in their

house as the wife is admitted in the hospital. In

such circumstances, his presence is absolutely

necessary in his house to take care of children

and also his wife.

Considering the reason highlighted by the

petitioner, which stands substantiated as per

Annexure-A1 document, we deem it appropriate to

show some indulgence in the matter by granting an

order of suspension of sentence for a short

duration. Accordingly, this application is

allowed and the sentence imposed upon the

petitioner in S.C.No.527/2015 by the Additional Crl.M.A.No. 1 /2021 Crl.Appeal No. 681 /2017

Sessions Court-II, Thiruvananthapuram shall stand

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 each 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 a.m.

and 11.00 a.m on every Friday starting from

01.10.2021;

iii) On the date on which one month 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 Crl.M.A.No. 1 /2021 Crl.Appeal No. 681 /2017

excluded in computing the term of his sentence as

provided in Section 389(4) Cr.P.C.

                             Sd/-                        Sd/-

                    K.VINOD CHANDRAN               ZIYAD RAHMAN A.A.
                          JUDGE                        JUDGE


      pkk




24-09-2021                       /True Copy/             Assistant Registrar