Kerala High Court
Sunil vs State Of Kerala on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 3rd day of February 2023 / 14th Magha, 1944
CRL.M.APPL.NO.1/2023 IN CRL.A NO. 465 OF 2022
SC 867/2017 OF ADDITIONAL DISTRICT COURT (ADHOC) I, KOLLAM
PETITIONER/APPELLANT:
SUNIL S/O PARASURAMAN,AGED 29 YEARS SUNIL BHAVAN, THAZHUTHALA
CHERRI, THAZHUTHALA VILLAGE, KOLLAM, PIN - 691571
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2. THE INSPECTOR OF POLICE, KOTTIYAM, KOLLAM., PIN - 691571
Application praying that in the circumstances stated therein the
High Court be pleased to allow the application and grant interim
order/interim bail to the petitioner and direct to release the
petitioner,in the interest of justice subject to the conditions imposed by
this Hon'ble Court,in the interest of justice.
This Application coming on for orders upon perusing the application
and this Court's order dated 24.01.2023 in Crl.M.A 1/23 in the appeal and
upon hearing the arguments of O.D.SIVADAS, K.S.SAMEERA, Advocates for the
petitioner and PUBLIC PROSECUTOR for the respondent, the court passed the
following:
ALEXANDER THOMAS & C.S. SUDHA, JJ.
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Crl.M.A. No.1 of 2023
in
Crl. Appeal No.465 of 2022
(arising out of the impugned judgment dated 02.03.2022 in S.C. No.867/2017
on the files of the Addl. District & Sessions Judge-I, Kollam]
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Dated this the 03rd day of February, 2023
ORDER
Pursuant to the directions issued by this Court on 24.01.2023,
the learned Public Prosecutor has now made available copies of some
medical reports, furnished by the Department of Medicine of the
Government Medical College Hospital, Thiruvananthapuram, as well
as certain reports of the Prison Medical Officer. The report dated
30.01.2023, submitted by the Professor of the Department of Medicine
M5 Unit Chief, Government Medical College Hospital,
Thiruvananthapuram, has inter alia stated that the Neurologist has
advised to subject the appellant for EEG Examination to be done on
01.02.2023 and further that, the applicant will be discharged from
that hospital after EEG and Medical Neurology review, etc. But no
materials are placed before us to show the outcome of the EEG
Crl.M.A. No.1 of 2023
in Crl. Appeal No.465 of 2022
Examination and Medical Neurology review of the applicant, that
may have been done by the Neurology Department of the
Government Medical College Hospital, on 01.02.2023 or thereafter.
2. Further, the materials would also show that the report
dated 01.02.2023, submitted by the Superintendent of the Prisons,
based on the medical reports, that yet another report dated
30.01.2023 was furnished by the Assistant Professor of the
Department of Medicine and Haematology, Government Medical
College Hospital, Thiruvananthapuram, etc. A copy of the said
medical report dated 30.01.2023, said to have been given by the
Associate Professor of the Department of Medicine and Haematology,
Government Medical College Hospital, has also not now been
produced before us.
3. The learned Public Prosecutor should get specific
instructions from the Government Medical College Hospital
Authorities, Thiruvananthapuram, more particularly, from the
Department of Medicine as well as the Department of Neurology and
any other department concerned, as to the specific health status of
Crl.M.A. No.1 of 2023
in Crl. Appeal No.465 of 2022
the applicant and whether he has been discharged and whether he
would require further immediate care and attention of the
Government Medical College Hospital, etc. and will produce those
medical reports,
List on 27.02.2023.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C.S. SUDHA,
JUDGE
Skk//31012023
03-02-2023 /True Copy/ Assistant Registrar
