Kerala High Court
Ratheesh @ Akku vs State Of Kerala on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.886 OF 2017
SC NO.665/2013 OF I ADDITIONAL SESSIONS COURT, THRISSUR
PETITIONER/APPELLANT:
RATHEESH @ AKKU, AGED 27 YEARS,S/O.KARTHIKEAYAN,KOKKAMTHARA
VEETTIL,THRIKKUR VILLAGE,MAKKATTIPADAM DESOM.
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM - 682031.(CIRCLE INSPECTOR OF POLICE,OLLUR)
Application praying that in the circumstances stated therein the
High Court be pleased to grant an interim bail to the petitioner herein
for a period of one month or for such time as this Hon'ble Court deems fit
and proper, in the interest of justice.
This Application coming on for orders upon perusing the application
and this court's order dd.19.08.22 in Crl.MA.2/22 in the appeal and upon
hearing the arguments of SRI.P.K.VARGHESE, Advocate for the petitioner and
of the PUBLIC PROSECUTOR for the respondent, the court passed the
following:
P.T.O.
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
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Crl.M.A.No.1 of 2023 in Crl.Appeal No.886 of 2017
(Arising out of the judgment dated 18.08.2017 in SC No.665/2013 on the file of the Court of the
First Additional Sessions Judge, Thrissur)
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Dated this the 12th day of April, 2023
ORDER
C.Jayachandran, J.
The petitioner, who is the appellant in the above appeal, is the sole
accused in S.C.No.665/2013 on the file of the Additional Sessions
Court-I, Thrissur. He is undergoing imprisonment for life, pursuant to
the impugned judgment of conviction, interalia, for offence under S.376
of the Penal Code.
2. In the instant Criminal Miscellaneous Application, the
petitioner seeks interim bail for a period of one month on the premise
that his mother, an acute cardiac patient, has been advised to undergo
CAGT AD-HOC Angioplasty as early as possible. It is further urged that
the petitioner's father is also old and ailing, suffering from
Cerebrovascular Disease.
3. Heard Sri.P.K.Varghese, learned counsel for the petitioner
and Sri.Alex M. Thombra, learned Public Prosecutor. Perused the
Crl.M.A.No.1 of 2023 in Crl.Appeal No.886 of 2017
records.
4. When this matter came up for hearing on 04.04.2022, we
noticed that the petitioner was enlarged on bail for a period of one
month earlier on the self-same ground, as per orders in
Crl.M.A.No.2/2022 dated 19.08.2022. In the said circumstance, we
directed the learned counsel for the petitioner to secure an
appointment in the hospital concerned for his mother to undergo
Angioplasty. Accordingly, the petitioner produced Annexure-2
certificate issued by the Cardiologist attached to the General Hospital,
Thrissur, recommending admission on 16.04.2023 and Angioplasty on
17.04.2023. This document is produced along with the petition to
accept the same, vide Crl.M.A.No.2/2023.
5. Though we notice that the petitioner had secured interim
bail on several occasions, espousing the illness of his mother and
father and specifically highlighting the requirement of his mother to
undergo Angioplasty, which has not been done despite enlarging the
petitioner on bail for a period of one month, as per the order in
Crl.M.A.No.2/2022, we are inclined to allow the instant Criminal
Miscellaneous Application, enlarging the petitioner for a short period,
to enable Angioplasty being performed on his mother, subject to the
Crl.M.A.No.1 of 2023 in Crl.Appeal No.886 of 2017
following conditions.
(i) Petitioner shall be enlarged on interim bail for a
limited period of 5 days with effect from the date of
release, upon executing 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) He shall report before the Superintendent of Prison
concerned at 10.00 a.m. on the date on which the said
period of 5 days expire.
(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
S.389(4) Cr.P.C.
With these observations and directions, the above Crl.M.A will
stand disposed.
Hand Over Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.JAYACHANDRAN, JUDGE
Sbna/
12-04-2023 /True Copy/ Assistant Registrar
