Kerala High Court
T.K.Subin @ Jithu vs State Of Kerala on 13 April, 2023
CRL.A No.1222/2017 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.5/2023 IN CRL.A NO. 1222 OF 2017
S.C.NO.1300/04 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-II,THALASSERY
PETITIONER/1ST APPELLANT:
T.K.SUBIN @ JITHU S/O. BHASKARAN,AGED 39 YEARS,THAZHEKKANDIYIL
HOUSE, PANOOR AMSOM,KANNUR,THALASSERY,PIN-670 692
RESPONDENT/RESPONDENT NO.1:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 31
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the interim
suspension of sentence for a period of two months to the petitioner/1st
appellant ,for his surgery and follow up treatments thereafter,in the
interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and upon hearing the arguments
of M/S..ARJUN SREEDHAR,ARUN KRISHNA DHAN,ALEX ABRAHAM,T.K.SANDEEP,
Advocates for the petitioner,and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
P.T.O
CRL.A No.1222/2017 2/5
ALEXANDER THOMAS & ZIYAD RAHMAN A.A., JJ.
==================
Crl.M.A.No.6 of 2023 in Crl.M.A.No.1 of 2022
in
Crl.Appeal.No.1222 of 2017
&
Crl.M.A.No.5 of 2023 in Crl.M.A. No.1 of 2022
in
Crl.Appeal.No.1222 of 2017
(arising out of the judgment dated 23/11/2017 in S.C.No.1300/2004
on the file of the Addl. Sessions Court -II, Thalassery)
==================
Dated this the 13th day of April, 2023
ORDER
Crl.M.A.No.6 of 2023 in Crl.M.A. No.1 of 2022 in
Crl.Appeal.No.1222 of 2017
This is an application to accept the documents produced along
with this application, as Annexures XI and XII, as additional
documents for the purpose of considering the plea for extension of
the interim bail urged in Crl.M.A. No.5 of 2023.
2. Heard both sides.
3. Having regard to the abovesaid limited request, it is
ordered, in the interest of justice, that the documents produced as
Annexures XI and XII along with Crl.M.A. No.6 of 2023 will stand
accepted as additional documents, for the purpose of considering the
CRL.A No.1222/2017 3/5
Crl.M.A.No.6 of 2023 in Crl.M.A.No.1 of 2022 in
Crl.Appeal.No.1222 of 2017 &
Crl.M.A.No.5 of 2023 in Crl.M.A. No.1 of 2022 in
Crl.Appeal.No.1222 of 2017
- : 2 :-
plea for interim bail extension, urged in Crl.M.A. No.5 of 2023. With
these observations and directions Crl.M.A. No.6 of 2023 will stand
disposed of.
Crl.M.A.No.5 of 2023 in Crl.M.A. No.1 of 2022 in
Crl.Appeal.No.1222 of 2017
This is an application for extension of the interim bail granted
as per order dated 22.03.2023 in Crl.M.A. No.2 of 2023 in Crl.M.A.
No.1 of 2022 in this criminal appeal, wherein the bail period was only
up to 17.04.2023. Now, the counsel for the applicant would submit
that earlier, it was expected that the applicant would be free from all
medical complications and that he could report back to the prison
well before 17.04.2023 and that is why the applicant had sought
extension only till then, which resulted in the order dated 22.03.2023
on Crl.M.A.No.2 of 2023. Now, the Doctors of JIPMER Hospital have
advised that, in view of certain other medical complications, the
applicant will have to continue as inpatient basis in JIPMER
Hospital, Pondicherry for a further period of at least three weeks and
further that, Annexures XI and XII produced along with this
application are the medical certificate cum treatment certificate and
CRL.A No.1222/2017 4/5
Crl.M.A.No.6 of 2023 in Crl.M.A.No.1 of 2022 in
Crl.Appeal.No.1222 of 2017 &
Crl.M.A.No.5 of 2023 in Crl.M.A. No.1 of 2022 in
Crl.Appeal.No.1222 of 2017
- : 3 :-
photographs respectively. In Annexure XI medical certificate cum
treatment certificate dated 11.04.2023, issued by the Professor,
Department of Plastic Surgery, JIPMER Hospital, Puducherry it has
been inter alia stated that, the applicant requires further treatment,
including skin grafting, which requires a minimum three weeks of
hospital stay, in the absence of any further complications. The prayer
in this application is for grant of further extension of the interim bail
by a period of two months. For the time being, the interim bail which
is current up to 17.04.2023, as ordered on 22.03.2023 on Crl.M.A.
No.2 of 2023, will stand extended by a further period of one month
from 17.04.2023.
List the Crl.M.A. as and when moved again by either of the
sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
ZIYAD RAHMAN A.A., JUDGE
scs
13-04-2023 /True Copy/ Assistant Registrar
CRL.A No.1222/2017 5/5
APPENDIX OF CRL.A 1222/2017
Annexure XI TRUE COPY OF THE MEDICAL CERTIFICATE
CUMTREATMENTCERTIFICATE ISSUED FROM JIPMER HOSPITAL
PONDICHERRY
Annexure XII TRUE COPY OF THEPHOTOGRAPHS SHOWING THE CURRENT STATUS
OF THE PETITIONER'S LEG
13-04-2023 /True Copy/ Assistant Registrar
