N.Noufal vs State Of Kerala
2022 Latest Caselaw 1864 Ker

Citation : 2022 Latest Caselaw 1864 Ker
Judgement Date : 18 February, 2022

Kerala High Court

N.Noufal vs State Of Kerala on 18 February, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                    &
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
          Friday, the 18th day of February 2022 / 29th Magha, 1943

              CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1311 OF 2019

       S.C.NO.933/2014 OF ADDITIONAL SESSIONS COURT -III THALASSERY

PETITIONER/PETITIONER:

     N.NOUFAL AGED 35 YEARS S/O. ABOOBACKER, NEYIKKAN PALLIKKAVU(H),
     KUNNUKAI, CHIRRAKKAL AMSOM, KANNUR DISTRICT -670011

RESPONDENTS/RESPONDENTS:

     STATE OF KERALA REPRESENTED C.I OF POLICE, VALAPATTANAM POLICE
     STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682
     031

     Application praying that in the circumstances stated thereIN the
High Court be pleased to suspend the sentence imposed on the petitioner
for a period of 2 months.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of P.C.NOUSHAD, P.K.ABDURAHIMAN (POOLACKAL KARATCHALI), E.A.HARIS, SUNNY
MATHEW, Advocates for the petitioner and of PUBLIC PROSECUTOR for the
respondent, the court passed the following:
          K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
          ------------------------------------
                  Crl.MA No.1 of 2022
                           in
               Crl.Appeal No.1311 of 2019
          -------------------------------------
        Dated this the 18th day of February, 2022

                           O R D E R

Jayachandran, J.

The petitioner/appellant is the second accused

in S.C.No.933/2014 on the files of the Additional

Sessions Court-III, Thalassery. He is presently

undergoing imprisonment for life pursuant to the

judgment of conviction dated 11.10.2019 in the

above Sessions Case.

2. The instant Criminal Miscellaneous

Application is preferred by the petitioner seeking

suspension of sentence and his release on interim

bail on the ground that a male child was born to

the petitioner on 10.11.2019, whom he had not seen

so far, due to incarceration.

3. Having heard the learned counsel for the

petitioner and the learned Public Prosecutor, we

are satisfied of the sufficiency of the ground

under which the petitioner seeks temporary

suspension of sentence and his release on interim Crl.MA 1/2022 in Crl.A 1311/2019

bail. The petitioner has been undergoing

imprisonment since 11.10.2019, the date of

judgment. The child was born on 10.11.2019. We find

the need espoused by the petitioner to see his

child as legitimate and genuine.

4. Resultantly, this Criminal M.A. is allowed

suspending the order of sentence temporarily and

directing release of the petitioner on interim bail

for a period of one month, subject to the following

conditions:-

(i) The petitioner shall be released on bail

on execution of a bond for Rs.50,000/- (Rupees

fifty thousand only), with two solvent

sureties, each for the like amount to the

satisfaction of the trial court;

(ii) From the date of his release, he shall

report before the S.H.O. concerned between

10.00 a.m. and 11.00 a.m. on every Friday

starting from 25.02.2022. Crl.MA 1/2022 in Crl.A 1311/2019

(iii) On the date on which one month

expires, he shall report before the

Superintendent of the 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 excluded in computing the

term of his sentence as provided in Section

389(4) Cr.PC.