Kerala High Court
T.K.Subin @ Jithu vs State Of Kerala on 23 December, 2022
CRL.A No.1222/2017 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1222 OF 2017
SC NO.1300/2004 OF ADDL. DISTRICT & SESSIONS COURT - II, THALASSERY
PETITIONER/1ST APPELLANT:
T.K.SUBIN @ JITHU, S/O. BHASKARAN, AGED 39 YEARS, THAZHEKKANDIYIL
HOUSE, PANOOR AMSOM, KANNUR, THALASSERY, PIN - 670692
RESPONDENT/RESPONDENT NO.1:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 31.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence/grant interim bail for a
period of two month to the petitioner/1st appellant for his surgery and
follow up treatments thereafter, in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.ARJUN SREEDHAR,ARUN KRISHNA
DHAN,ALEX ABRAHAM, T.K.SANDEEP, Advocates for the petitioner and of the
PUBLIC PROSECUTOR for the respondent, the court passed the following:
p.t.o
CRL.A No.1222/2017 2/6
ALEXANDER THOMAS & SOPHY THOMAS, JJ.
==================
Crl.M.A.No.1 of 2022
in
Crl.A.No.1222 of 2017
[arising out of the impugned judgment dated 23.11.2017 in S.C. No.1300
of 2004 on the files of the Additional Sessions Court-II, Thalassery]
==================
Dated this the 23rd day of December, 2022
ORDER
This is an application filed by the applicant/1 st appellant/A1,
seeking grant of interim bail, for a period of two months, to enable
him to secure surgical treatment.
2. Heard both sides.
3. Pursuant to the orders passed in this application, on the
previous occasions, Shri.T.K.Sandeep, the learned counsel for the
applicant, would submit that effort has been taken to contact the
Jipmer Hospital, Pondicherry, to ascertain by when the applicant can
get a date for admission as an out-patient for Posterior Tibialis
Tendon Transfer surgery (in respect of his 'Foot Drop' disease) and
the Jipmer Hospital Authorities have informed that as their practice,
they do not issue any written report for persons, who propose to get
admission there for treatment, and that it is expected that the
applicant would be admitted for surgery by 05.01.2023. Further, the
CRL.A No.1222/2017 3/6
Crl.M.A.No.1 of 2022 in
Crl.A.No.1222 of 2017 - : 2 :-
learned counsel for the applicant submitted that two months would
be required for post operative care and rest etc.
4. We are not now inclined to grant interim bail for two
months' period straight away unless certificates are produced later
from the Jipmer Hospital Authorities that regarding the duration of
the treatment etc. Accordingly, it is ordered that the applicant shall
be released on interim bail basis for a period of one month to enable
him to secure surgical treatment at Jipmer Hospital, Pondicherry,
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 Trial
Court concerned.
(ii) The applicant shall not commit any offence while
on bail.
(iii) The applicant shall seek his actual release on the
basis of this interim bail order in such a manner
so that he can utilise the maximum time of
CRL.A No.1222/2017 4/6
Crl.M.A.No.1 of 2022 in
Crl.A.No.1222 of 2017 - : 3 :-
interim bail period after release for treatment
and surgery in the Jipmer Hospital.
(iv) The above said period, on which the applicant is
released on interim bail basis, as above, shall be
excluded for the purpose of computing the
period of sentence, as envisaged in Section 389
(4) of the Cr.P.C., in case the impugned
sentence in this case is fully or partially upheld
by this Court.
5. We have come across in many cases where the applicants are
given interim bail for medical treatment and they get released
immediately thereafter and later plead before this Court that they
could actually secure medical treatment only much later and again
seek extension of interim bail. So, we make it clear that, the applicant
will ensure that he will secure his actual release on the basis of
interim bail order only so that he can utilise the benefit of this order
to the maximum extent possible for surgery and treatment at the
above Hospital. After getting admitted in the above hospital, the
applicant should produce a Medical Certificate from the expert
CRL.A No.1222/2017 5/6
Crl.M.A.No.1 of 2022 in
Crl.A.No.1222 of 2017 - : 4 :-
Department concerned of the Jipmer Hospital as to when he was
admitted, and as to whether surgery has been done, and also as to the
time required for the surgery process as well as the post operative
care period he need.
6. The applicant may show a copy of this order to the Jipmer
Hospital Authorities so that they can issue Certificates in that regard.
We would consider extension of this interim order, only after being
convinced about the actual necessity for any such extension of
interim order, after going through the Medical Certificate issued by
the Jipmer Hospital Authorities.
The Crl.M.A. is kept pending. List the Crl.M.A. on
31.01.2023.
Hand over to both sides.
Sd/--
ALEXANDER THOMAS, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
DSV
23-12-2022 /True Copy/ Assistant Registrar
CRL.A No.1222/2017 6/6
23-12-2022 /True Copy/ Assistant Registrar
