Kerala High Court
Rajeesh @ Makku vs State Of Kerala on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 683 OF 2018
SESSIONS CASE NO.600/2016 OF THE ADDITIONAL SESSIONS COURT, IRINJALAKUDA.
APPLICANT/APPELLANT NO.4
SHINU @ MANIKYAN @ SHINUTTAN, AGED 29 YEARS, S/O.PARAMAN, KAIIPPANCHERY
HOUSE, ANANDAPURAM DESOM, THRISSUR-680305.
(MISTAKENLY SHOWN AS S/O PALAMAN, KURIPPANCHERY HOUSE, IN JUDGMENT AND
MEMORANDUM OF APPEAL)
RESPONDENT/RESPONDENT
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
Application praying that in the circumstances stated therein the
High Court be pleased to grant interim bail to the Applicant/Accused for
such period as this Hon'ble Court deems fit and proper, in the interests
of justice, so as to secure the ends of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.P.VIJAYA BHANU (SR.), SRI.AJEESH
K.SASI, SRI.C.JAYAKIRAN, SMT.MITHA SUDHINDRAN, SMT.POOJA PANKAJ,
SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.V.C.SARATH, SRI.VIPIN NARAYAN,
Advocates for the petitioner and PUBLIC PROSECUTOR for the respondent, the
court passed the following:
p.t.o
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
----------------------------------------------
Crl.M.A.No.1 of 2022
in
Crl.A.No.683 of 2018
---------------------------------------------
Dated this the 29th day of June, 2022
O R D E R
Jayachandran, J.
1. Petitioner/appellant is the 4th accused in
S.C.No.600 of 2016 of the Additional Sessions Court,
Irinjalakkuda. He, along with other accused persons,
were found guilty of offences inter alia under
section 302 of the Penal Code and is undergoing
imprisonment for life.
2. In the instant application, petitioner seeks
temporary suspension of the order of sentence, as
also, his release on bail, on the premise that his
mother is advised to undergo a hysterectomy surgery
as evinced from Annexure-2 medical certificate.
Petitioner wants to take a secondary medical opinion,
Crl.M.A.No.1 of 2022 in Crl.A.No.683 of 2018
which needs to be done immediately on account of the
gravity of the health condition of his mother, for
which, the presence of the petitioner is inevitable.
3. Having heard the learned counsel appearing for
the petitioner and learned Public Prosecutor, we are
inclined to suspend the sentence, as also, to release
the petitioner on interim bail for a limited period of
ten days, so as to enable the petitioner to take his
mother to a doctor of his choice for the purpose of
secondary medical opinion. We find that the need
espoused by the petitioner is genuine and bonafide and
that, his presence is required for the same.
In the result, this Crl.M.A. is allowed and the
order of sentence is suspended, 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) On the date on which the period of ten
days expire, he shall report before the
Crl.M.A.No.1 of 2022 in Crl.A.No.683 of 2018
Superintendent of the Central Prison concerned
at 10.00 a.m.
(iii) He shall not involve in any offence
while on bail.
(iv) 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.P.C.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
Sbna/
29-06-2022 /True Copy/ Assistant Registrar
