Dijomon vs State Of Kerala
2022 Latest Caselaw 8489 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
            Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944

                CRL.M.APPL.NO.1/2021 IN CRL.A NO. 1056 OF 2019

       SC NO.1066/2017 OF THE ADDITIONAL SESSIONS COURT-VI, KOLLAM.

PETITIONER/APPELLANT/ACCUSED

     DIJOMON, AGED 32 YEARS, S/O. RAJU, CHONGIPOIKA MEALTHIL, KANNIMEL
     VEEDU, PADAPPAKKARA, PERAYAM CHERRY, PERAYAM VILLAGE.

RESPONDENT/RESPONDENT/STATE

     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM - 682 031 (CRIME NO. 1444/2017 OF KUNDARA POLICE
     STATION, KOLLAM DISTRICT).


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed vide
Judgment dated 09.08.2019 in SC No.1066/2017 passed by the Additional
Sessions Judge-VI, Kollam, for a period of one month, in the interest of
justice, by allowing this petition.




     This Application coming on for orders upon perusing the application
and    upon     hearing      the   arguments       of   SRI.S.RAJEEV,
SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY, SRI.D.FEROZE, SRI.K.ANAND ,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the respondent,
the court passed the following:




    p.t.o
                     Dr. Kauser Edappagath, J
              -------------------------------
                         Crl.M.A.No.1/2021
                                 in
                        Crl.A.No.1056/2019
               -------------------------------
                 Dated this the 6th day of July, 2022
              --------------------------------

                              ORDER

This application has been filed seeking interim suspension of

sentence and also to grant interim bail to the petitioner on the

ground of illness of his mother.

2. The petitioner has already undergone 1/3 rd of the

sentence awarded. The medical certificate produced would show

that the mother of the petitioner is seriously ill. Hence, I am of

the view that the petition can be allowed and the petitioner shall

be released on bail for a period of one month on the following

conditions:

(i) The petitioner shall execute a bond for ₹1,00,000/-

(Rupees One lakh only) with two solvent sureties the like sum

each to the satisfaction of the court below.

(ii) The petitioner shall report before the SHO concerned

on every Monday between 9 am and 11 am.

Crl.M.A.No.1/2021 in Crl.A.No.1056/2019

(iii) The petitioner shall not commit any criminal offences

while on bail.

(iv) The petitioner shall not in any way directly or

indirectly contact or influence the victim and shall not enter into

the jurisdictional limits of the police station where the victim

resides.

(v) The petitioner shall report to the Superintendent,

Central Prison concerned, after the expiry of one month.

Sd/-

DR. KAUSER EDAPPAGATH,

JUDGE

kp

06-07-2022 /True Copy/ Assistant Registrar