K.P. Koyamon @ K.P. Hydroskutty vs The Superintendent Of Police
2022 Latest Caselaw 8808 Ker

Citation : 2022 Latest Caselaw 8808 Ker
Judgement Date : 7 July, 2022

Kerala High Court

K.P. Koyamon @ K.P. Hydroskutty vs The Superintendent Of Police on 7 July, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                    &
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
          Thursday, the 7th day of July 2022 / 16th Ashadha, 1944

               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 904 OF 2021

S.C. NO.158/2012 OF THE ADDITIONAL SESSIONS COURT(MARAD CASES) KOZHIKODE.

APPELLANT/ACCUSED/APPLICANT

     K.P. KOYAMON @ K.P. HYDROSKUTTY, S/O K.P.ASSAINAR, AGED 55 YEARS,
     KUTTICHANTEPURAKKAL VEEDU, KADALUNDI NAGAR, ANANGADI, MALAPPURAM
     DISTRICT-673314.

RESPONDENTS/COMPLAINANTS AND STATE

     1.THE SUPERINTENDENT OF POLICE,CBCID, KOZHIKODE-673004.
     2.THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
     COURT OF KERALA, ERNAKULAM-682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the petitioner in
S.C.No.158/2012 passed by the Court of the Special Additional Sessions
Judge (Marad cases) Kozhikode for a period of 15 days.




     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.SUNNY MATHEW, Advocate for the
petitioner and PUBLIC PROSECUTOR for the rrespondents the court passed the
following:
      Annexure A1- A true copy of the medical certificate pertaining to
mother of the petitioner issued from Iqraa International Hospital and
Research Center , Kozhikode
          K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
          ------------------------------------
                   Crl.MA No.1 of 2022
                            in
                Crl.Appeal No.904 of 2021
          -------------------------------------
           Dated this the 7th day of July, 2022

                            O R D E R

Jayachandran, J.

1. Petitioner/appellant is the first accused in SC

No.158/2012 of the Special Additional Sessions Court

(Marad Cases), Kozhikode. As per the judgment

impugned in the above appeal, the petitioner was

convicted for offences under Ss.120B and 153-A(2),

read with S.149 of the Penal Code, as also, under

Ss.3 and 5 of the Explosives Substances Act; and he

was sentenced, inter alia, for imprisonment for life.

2. The instant miscellaneous application is

preferred on the premise that the petitioner's mother

is on her deathbed on account of serious ailments, as

could be seen from Annexure-A1 medical certificate.

The petitioner is desirous of being with his mother

during her last days. On such premise, he seeks

temporary suspension of sentence and his release on

interim bail.

3. Heard the learned counsel for the petitioner and

the learned Public Prosecutor. Perused the records. Crl.MA 1/2022 in Crl.A 904/2021

4. A perusal of Annexure-A1 certificate would

indicate that the petitioner's mother, Kadeeja Beevi,

is diagnosed with severe Aspiration Pneumonia, with

RV failure. It is certified that the patient is

critically ill and that she may have to be supported

with 'end of life care mode of treatment'. In the

circumstances referred above, we are persuaded to

allow the instant miscellaneous application. The need

espoused by the petitioner is genuine.

5. Resultantly, the Criminal M.A is allowed

suspending the order of sentence temporarily and directing release of the petitioner on interim bail

for a period of two weeks from the date of his

release, 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; Crl.MA 1/2022 in Crl.A 904/2021

(ii) He shall report before the S.H.O.

concerned between 10.00 a.m. and 11.00 a.m on

every Saturday starting from 16.07.2022.

(iii) On the date on which the period of two

weeks expire from the date of his release, 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.