Shefeeq vs The State Of Kerala
2022 Latest Caselaw 11340 Ker

Citation : 2022 Latest Caselaw 11340 Ker
Judgement Date : 2 December, 2022

Kerala High Court

Shefeeq vs The State Of Kerala on 2 December, 2022

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
        Friday, the 2nd day of December 2022 / 11th Agrahayana, 1944

               CRL.M.APPL.NO.2/2022 IN CRL.A NO. 764 OF 2018

    S.C.NO.24/2014 OF ADDITIONAL SESSIONS COURT-VI,THIRUVANANTHAPURAM

PETITIONER/APPELLANT:

     SHEFEEQ, S/O. MAHEENKANNU, AGED 27 YEARS, RESIDING AT
     MANAKADUVILAKOM, NEAR MISSION HOSPITAL, KAZHAKKUTTOM,
     THIRUVANANTHAPURAM DISTRICT.

RESPONDENT/RESPONDENT:

     THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, KAZHAKKUTTOM
     POLICE STATION, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY THE
     PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

     Application praying that in the circumstances stated therein the
High Court be pleased to grant interim bail to the petitioner for the
period up to 12/12/2022 to enable him to participate in the obscure
ceremonies of his father who expired on 27/11/2022 so as to secure ends of
justice.
     This Application coming on for orders upon perusing the application
and this Court's order dated 07/11/2019 in Crl.M.A 1/2019 therein the
appeal and upon hearing the arguments of SRI.T.MADHU, SRI.M.MUHAMMED
MUHAZIN, SRI.V.S.NOWSHAD, SMT.C.R.SARADAMANI, Advocates for the petitioner
and of PUBLIC PROSECUTOR for the respondents, the court passed the
following:
        ALEXANDER THOMAS & SOPHY THOMAS, JJ.
           =================================
                        Crl.M.A No.2 of 2022
                                  in
                       Crl.Appeal No.764 of 2018
          [arising out of the judgment dated 30.11.2017 in S.C No.24/2014
           on the file of the Addl.Sessions Court-VI, Thiruvananthapuram]
            =================================
                   Dated this the 02nd day of December, 2022

                                   ORDER

This is an application for grant of interim bail, as the applicant

(A-4) has to attend the ceremonies to be conducted after the death of the

applicant's father, who died on 27.11.2022.

2. Heard both sides.

3. We are apprised that earlier, when the applicant's mother had

died, this Court had passed an order dated 07.11.2019 in Crl.M.A

No.1/2019 in this Crl.Appeal, directing that the applicant be released on

interim bail for a period of one week from 01.12.2019, to enable him to

attend the ceremonies to be conducted after his mother's death.

4. The learned Public Prosecutor was earlier requested to

ascertain, as to the genuineness and bonafides of the present plea. The

learned Prosecutor has submitted that the enquiries of the local SHO has

revealed that the applicant's father has died on 27.11.2022 and that, the

applicant's father was buried at Kazhakuttom Juma Masjid on 28.11.2022

and that the ceremonies related to his father's death are to be conducted

on 10.12.2022. However, the SHO has stated that there is a chance that Crl.M.A No.2 of 2022 in Crl.Appeal No.764 of 2018

the enemies of the applicant may get a chance to take revenge against

him, especially from the victim's relatives, etc.

5. The learned counsel for the applicant would submit that

when the applicant was earlier granted interim bail on 07.11.2019, to

attend his mother's death ceremonies for a week, there is no major

issues.

6. Taking note of the fact that in connection with the death of

the applicant's father, his presence will be required for the conduct of

the religious ceremonies. Accordingly, it is ordered that the applicant

(A-4) shall be released on interim bail for a period of seven days from

07.12.2022, subject to the following conditions:

(i) The applicant shall execute a bond for Rs.50,000/-

(Rupees Fifty Thousand only) and shall also furnish two solvent sureties for the like sum, both to the satisfaction of the Sessions Court concerned.

(ii) The Applicant shall not commit any offence while on bail.

(iii) Immediately on his release from prison, the applicant shall forthwith report before the local SHO, within whose jurisdiction he is residing.

(iv) The competent police authorities will be at liberty to ensure that the applicant is placed under police surveillance, to ensure his safety and other aspects. Crl.M.A No.2 of 2022 in Crl.Appeal No.764 of 2018

(v) Immediately before reporting to the prison, the applicant shall report before the local SHO concerned.

(vi) The applicant shall report before the prison authorities, on or before 14.12.2022.

(vii) The abovesaid period, during which the applicant is released on interim bail as above, shall stand excluded under Sec.389(4) of the Cr.P.C, for the purpose of computation of the sentence, in case the impugned sentence in this case is ultimately upheld or modified by this Court.