Kerala High Court
M.Kalesh vs State Of Kerala on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 7th day of October 2022 / 15th Aswina, 1944
CRL.M.APPL.NO.2/2022 IN CRL.A.NO.1068 OF 2019
SC NO.334/2011 OF THE ADDL. SESSIONS COURT - III, THALASSERY
APAPPLICANT/APPLICANT/2ND APPELLANT/5TH ACCUSED:
P.K.SHYJESH @ SHYJU, AGED 39 YEARS,
S/O. POYILI MUKUNDAN,
OORANGOTTU MEETHAL HOUSE,
THIRUVANGAD AMSOM,
KUTTIMAKKOOL, KANNUR -670 103.
RESPONDENT/RESPONDENT/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 extend the interim bail granted to the applicant,
for such period as this Hon'ble Court may deem fit, so as to secure the
ends of justice.
This Application coming on for orders upon perusing the application
and this Court's order dated 27/7/22 in Crl.M.A 1/22 in the appeal and
upon hearing the arguments of M/S. P.VIJAYA BHANU (SR.), SRI.P.P.IRFAN,
SRI.K.VISWAN, SRI.P.M.RAFIQ, SRI.V.C.SARATH, SRI.M.REVIKRISHNAN,
SRI.AJEESH K.SASI, SRI.VIPIN NARAYAN, SRI.THOMAS J.ANAKKALLUNKAL,
SMT.SRUTHY N. BHAT Advocates for the petitioner and of the PUBLIC
PROSECUTOR for the respondent, the court passed the following:
p.t.o.
ALEXANDER THOMAS & SOPHY THOMAS, JJ.
==================
Crl.M.Appln. No. 2 of 2022
in
Crl.M.Appln. No. 1 of 2022
in
Crl.A.No.1068 of 2019
[arising out of the impugned judgment dated 26.07.2019 in S.C. No.334 of
2011 on the files of the Additional Sessions Court-III, Thalassery]
==================
Dated this the 7th day of October, 2022
ORDER
This is an application for direction to extend the interim bail
granted to the appellant, for such period as this Court may deem fit
and proper in order to enable the petitioner to have further medical
follow-up and bed rest for a few more days. On the previous occasion,
we had requested the learned Prosecutor to get instructions from the
prison authorities and the medical authorities concerned about the
present health of the petitioner. Now, the
Superintendent of Central Prison & Correctional Home, Kannur has
given a report dated 29.09.2022 along with the Medical History
Record, certified by the Medical Officer, Central Prison &
Correctional Home, Kannur. The relevant contents of the above said
report dated 29.09.2022 submitted by the Superintendent, Central
Prison & Correctional Home, Kannur, read as follows:
"I may submit that the petitioner C 518/19 Shyjesh
Crl.M.A.2/2022 in
Crl.M.A.1/2022 in
Crl.A.1068/2019
- : 2 :-
was convicted and sentenced to undergo R.I for Life and to
pay fine of Rs.100000 i/d 6 months u/s.302 IPC, R.I. for 3
months u/s.143 IPC, S.I. for 1 month u/s.341 r/w 149 IPC,
R.I for 5 years and pay fine of Rs.1oooo i/d 3 months
u/s.450 IPC, R.I for 3 months u/s 147 IPC (Concurrently) in
SC 334/2011 by the Honb'le (sic) Additional District
Sessions Judge III, Thalassery and admitted in this prison
on 26-07-2019 as C 518/19. The petitioner was released on
90 days Special Emergency leave on 10.05.2021. Due to
Covid pandamic suitation (sic), his leave was extended by
the Government and by the Hon'ble Supreme court of India
till 12-05-2022. After leave he was supposed to surrender
on 12-05-2022, but while in leave(parole) he met with an
accident and sustained head injury and admitted on Co-op
Hospital, Thalassery and readmitted in this prison on 08-
06-2022. After readmitting in this prison from leave, he
was lodged in Jail Hospital Block and was continuing
further treatment from Govt. Medical College, Pariyaram.
As per the direction of Hon'ble High court of Kerala, the
petitioner's medical report was submitted before the court
and on the basis of this report the Hon'ble court granted
interim bail for 7 weeks. The petitioner was released on
interim bail for 7 weeks on 30-07-2022 and readmitted in
this prison on 18-09.2022.
The Latest Medical report of C 518/19 Shyjesh
s/o.Mukundhan received from Govt Medical College
Superintendent, Pariyaram is enclosed here with for further
and necessary action."
2. The Medical History Record dated 30.09.2022, certified by
the Medical Officer, Central Prison & Correctional Home, Kannur,
reads as follows:
" MEDICAL HISTORY RECORD
Name : SHYJESH
Father's Name : MUKUNTHAN
CONVICT NO. : 518/19
Crl.M.A.2/2022 in
Crl.M.A.1/2022 in
Crl.A.1068/2019
- : 3 :-
Age : 39 yrs.
The above said prisoner Shyjesh, Age:39yrs
was last seen by Neurosurgeon at MCH, Kannur on
28.09.2022.
The Neurosurgeon has recorded that the CSF
Leak has stopped and no regular follow-up on OPD basis
was needed at present. Shyjesh has not been advised bed
rest by Neurosurgeon at present. Facilities for bed rest is
available at Jail Hospital.
(seal)
Date:30/09/2022 Sd/-
Medical officer
Central Prison & Correctional Home, Kannur."
3. The Medical Report dated 28.09.2022, certified by the
Assistant Professor, Department of Neuro Surgery, Government
Medical College, Kannur and the Superintendent, Government
Medical College Hospital Kannur, Pariyaram, has also been furnished
to us and the same reads as follows:
"No.MS4/L/41/98 Date:28.09.2022
Medical Report of Mr.Shyjesh.
Mr.Shyjesh, 39 Yrs old patient was treated under
Department of Neuro Surgery as inpatient on 16.07.2022. He
complained of watery, discharge from nose. He was evaluated
with imaging study namely CT Cisternography. He is a case of
CSF Rhinorrhea, status post trauma frontal sinus. He was
advised bedrest for 6 weeks on 21/07/2022. Now he came to
our OPD for follow up. His CSF leak is stopped. No regular
follow up on OPD basis is needed now. Review as and when
Crl.M.A.2/2022 in
Crl.M.A.1/2022 in
Crl.A.1068/2019
- : 4 :-
required.
Sd/-
Dr. Unnikrishnan E.P.,
Assistant Professor,
Department of Neuro Surgery.
Reg No.32555. Sd/-
Superintendent
GMCH KANNUR
PARIYARAN(sic)-670 503 ."
4. The above said Medical Records, now made available, would
clearly show that the applicant was examined by the Neurosurgeon at
Medical College Hospital, Kannur on 28.09.2022 and the
Neurosurgeon has recorded that the CSF Leak has stopped and no
regular follow-up, on OPD basis, was needed at present and that the
applicant has not been advised bed rest by the Neurosurgeon at
present and that the facilities for bed rest are available at the Jail
Hospital. Further, the Medical Report of the Neuro Surgery
Department of the Government Medical College Hospital would also
show that earlier the applicant was advised bed rest for six weeks on
21.07.2022 and he later came to the OPD of the Government Medical
College Hospital for follow-up and that now his CSF leak has stopped
and no regular follow-up on OPD basis is needed and review may be
Crl.M.A.2/2022 in
Crl.M.A.1/2022 in
Crl.A.1068/2019
- : 5 :-
made as and when required. In the light of these aspects, the above
said pleas of the applicant need not be entertained by us. However, it
is ordered that the Superintendent of the Jail shall ensure that the
prison Doctor regularly, medically examines the applicant, and after
contacting the Government Medical College Hospital, Kannur, if
review is required, then necessary steps to get him examined by the
Government Medical College Hospital, Kannur may also be
facilitated, if necessary.
With these observations and directions, the above
Crl.M.A. will stand dismissed.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
DSV
07-10-2022 /True Copy/ Assistant Registrar
