Abdu Sufiyan vs State Of Kerala
2023 Latest Caselaw 4963 Ker

CRL.A No.107/2018                            1/5

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                        THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                             &
                        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
                Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945

                        CRL.M.APPL.NO.1/2023 IN CRL.A NO.107 OF 2018

                    SC 435/2010 OF ADDITIONAL SESSIONS COURT-II, MANJERI


   APPLICANT/APPELLANT NO.7/ACCUSED NO.10:


          ABDUL RASHEED, AGED 52 YEARS,
          S/O. MAMMU HAJI, PALLIPPURAM HOUSE,
          KOTTAKKAL, KUTTIPPURAM P. O.,
          MALAPPURAM - 676503.

   RESPONDENTS/RESPONDENTS/STATE:

          STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,ERNAKULAM, PIN 682 031.


        Application praying that in the circumstances stated therein the
   High Court be pleased to grant interim bail for a period of 1 month to the
   applicant, to secure the ends of justice.


        This Application coming on for orders upon perusing the application
   and upon hearing the arguments of M/S. P.VIJAYBHANU (Sr).SRI.P.M.RAFIQ,
   SRI.V.C.SARATH, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRI.VIPIN NARAYAN,
   SRI.THOMAS J.ANAKKALLUNKAL, SRUTHY N. BHAT, Advocates for the petitioner
   and of the PUBLIC PROSECUTOR for the respondent, the court passed the
   following:




                                                                             P.T.O.
 CRL.A No.107/2018                                   2/5




               ALEXANDER THOMAS & ZIYAD RAHMAN A.A., JJ.
                -------------------------------------------------------------------------
                                          Crl.M.A No.1 of 2023
                                                   in
                                          Crl.A. No.107 of 2018
                         [arising out of the judgment dated 05.12.2017 in S.C No.435/2010
                                on the file of Additional Sessions Court-II, Manjeri]
                --------------------------------------------------------------------
                                   Dated this the 13th day of April, 2023


                                                 ORDER

This is an application filed by the sole applicant herein/7th

appellant/A-10, seeking for grant of short term interim bail for a

period of one month, to enable him to attend his son's marriage.

2. Heard both sides.

3. The learned Public Prosecutor submits that he has not

secured instructions, as the application has been listed for

consideration for the first time only today.

4. The learned counsel appearing for the applicant would

urge that the applicant's son's marriage is now scheduled to be

conducted on 28.05.2023 and Anx.1, produced along with this

application, is a copy of the invitation card.

5. We are believing and acting upon the submission made

by the learned counsel appearing for the applicant that the marriage CRL.A No.107/2018 3/5

Crl.M.A No.1 of 2023

of the applicant's son is fixed. Taking note of these aspects and more

particularly the fact that the applicant's son's marriage is scheduled

to be held on 28.05.2023, the applicant shall be released on interim

bail basis on 25.05.2023 and he shall report back to the prison by

5 p.m. on 31.05.2023, subject to the following conditions:-

(i) The applicant shall execute a bond for Rs.50,000/-

(Rupees Fifty Thousand only) and shall also furnish two

solvent sureties for the like sum, both to the satisfaction

of the Sessions Court concerned.

(ii) The applicant shall not commit any offences while on

bail.

(iii) The applicant shall report before the Station House

Officer of the local Police Station, within whose limits he

will be residing immediately on reaching the locality, and

also report before the local Station House Officer,

immediately before he leaves the locality for reporting

back to the prison.

(iv) The abovesaid period on which the applicant is on

interim bail shall not be reckoned for the purpose of CRL.A No.107/2018 4/5

Crl.M.A No.1 of 2023

computing the period of sentence, as envisaged in

Sec.389(4) of the Cr.P.C., in case the impugned sentence

in this case is ultimately upheld or modified by this Court

in this criminal appeal.

6. No other orders and directions are called for.

With these observations and directions, the above criminal

miscellaneous application will stand disposed of.

Hand over a copy of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

                                                           ZIYAD RAHMAN A.A.,
                                                                 JUDGE
            Skk//13042023




13-04-2023                             /True Copy/                         Assistant Registrar
 CRL.A No.107/2018                    5/5

                     APPENDIX OF CRL.A 107/2018
Annexure 1          TRUE COPY OF THE WEDDING CARD




13-04-2023             /True Copy/                  Assistant Registrar