Kerala High Court
Akhil Ashok @ Swarnappan vs State Of Kerala on 24 February, 2023
CRL.A No.510/2020 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 24th day of February 2023 / 5th Phalguna, 1944
CRL.M.APPL.NO.1/2023 IN CRL.A NO.510 OF 2020
SC 373/2017 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONER/APPELLANT/ACCUSED NO.8:
AKHIL ASHOK @ SWARNAPPAN, AGED 29 YEARS,
S/O.ASHOKAN PUTHUVILAYIL VEETTIL,
KARUVATTA NORTH MURI, KARUVATTA VILLAGE.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed against
the petitioner in S.C.No.373 of 2017 of the Court of Addl. Sessions Judge
- I, Mavelikkara and to release him on bail at least for a limited period
of 3 months.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.B.RAMAN PILLAI (SR.), SRI.R.ANIL,
SRI.M.SUNILKUMAR, SRI.SUJESH MENON V.B., SRI.T.ANIL KUMAR, SRI.THOMAS
ABRAHAM (NILACKAPPILLIL), SRI.THOMAS SABU VADAKEKUT, SHRI.MAHESH BHANU S.,
SMT.S.LAKSHMI SANKAR, Advocates for the petitioner and of the PUBLIC
PROSECUTOR for respondent, the court passed the following:
P.T.O.
CRL.A No.510/2020 2/8
ALEXANDER THOMAS & C. S. SUDHA, JJ.
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Crl. M. A. No.1 of 2023
in
Crl. Appeal No.510 of 2020
(against judgment dated 11.02.2020 in S.C. No.373/2017
on the files of the Additional Sessions Court-I, Mavelikkara)
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Dated this the 24th day of February, 2023
ORDER
Crl.M.A. No.1 of 2023:
This is an application for grant of interim bail to the applicant
(A-8) to enable him to visit his father, who is said to be suffering from
terminal cancer illness.
2. When the matter had come up for consideration on the
previous occasion, this Court had requested the learned Public
Prosecutor to secure instructions and that, the local Station House
Officer (SHO) may be asked to conduct an appropriate inquiry to
ascertain the bona fides and genuineness of the abovsaid factual pleas
and also to ascertain the details in regard to Anxs.A to C medical
certificates, produced along with this application.
CRL.A No.510/2020 3/8
Crl. M. A. No.1 of 2023
in Crl. Appeal No.510 of 2020
3. Today, when the matter has been taken up for
considration, Sri.R. Anil, learned counsel appearing for the
applicant/appellant (A-8), submits that the father of the applicant is
terminally affected with cancer, there is none to look-after his
father's treatment and that, he may be released on interim bail for a
period of three months, for the abovesaid purpose.
4. The learned Public Prosecutor, on the basis of written
instructions of the competent police authorities, submitted that, the
enquiries of the local SHO has revealed that the applicant's father is
now suffering from cancer, that, he is now residing in Mannar,
Alappuzha District, and that, he is undergoing treatment at
Government Medical College Hospital, Kottayam. It is also
submitted that he had secured treatment also from the Regional
Cancer Centre (RCC), Thiruvananthapuram. Further that, the
medical certificates, produced as Anxs.A to C, have been verified and
the same appears to be genuine. It is also submitted that, the
statement of the applicant's wife (Smt.Sreeja) was also taken,
wherein she has stated that she has a seven year old child, her father-
in-law (applicant's father) is suffering from cancer and that, now the
CRL.A No.510/2020 4/8
Crl. M. A. No.1 of 2023
in Crl. Appeal No.510 of 2020
applicant's father's younger brother's son is looking after the
treatment requirements of the applicant's father. She has also stated
that, now the medical condition of the applicant's father is very
serious, etc.
5. The learned Public Prosecutor has also submitted that,
the competent police authorities have instructed him to submit
before this Court that, the release of the applicant on interim bail
may not be advisable, in view of the violent nature of the crime in
which he was involved and the incident is one relating to a brutal
murder, which is happened during a temple festival near Harippad
and that, the applicant (A-8) along with A-9, A-10 & A-12, attacked
one Suraj, the friend of the victim, and Suraj was grievously injured
on his right hand and that, the applicant grievously injured the co-
injured Suraj with deadly weapons and created a panic situation in
the locality and that, the other accused have followed the victim
Jishnu and grievoulsy injured him by using deadly weapons. Further
that, according to the police authorities, if the applicant is now
enlarged on bail, there will be every chance that the petitioner will
join with his gangue and may involve in other offences, which may
CRL.A No.510/2020 5/8
Crl. M. A. No.1 of 2023
in Crl. Appeal No.510 of 2020
result casualty at Karuvatta area near Harippad. Further that, during
the year 2017, within a short span of 34 days, three murder cases
were reported at Karuvatta including this crime and that a highly
tensed situation is existing in the society, etc.
6. After hearing both sides, we are not inclined to grant
interim bail for a long period of three months, as prayed for by the
applicant. However, the instructions furnished by the competent
police authorities would reveal that the applicant's father is now
suffering from terminal stage of cancer, that, it appears to be quite
serious and he is not in a position to take foods, etc.
7. The case set up by the applicant as if there none to look-
after his father may not be right inasmuch as the applicant's
maternal first cousin is now looking after the treatment needs of the
applicant's father. However, taking note of the fact that the
applicant's father is terminally ill, we are of the view that a
compassionate approach can be taken to ensure that the applicant is
given interim bail for a limited period of one week to visit his father.
However, strict conditions will have to be incorporated in the bail
order.
CRL.A No.510/2020 6/8
Crl. M. A. No.1 of 2023
in Crl. Appeal No.510 of 2020
8. In that view of the matter, it is ordered that the applicant
A-8) shall be released on interim bail for a period of 7 days, 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 immediately on arriving
at his native town and should report before the local
Station House Officer on every alternate days during his
period of interim bail and should also report before the
local Station House Officer before he returns back to the
prison.
(iv) The applicant shall report before the prison by 5 p.m. on
the seventh day after his release.
CRL.A No.510/2020 7/8
Crl. M. A. No.1 of 2023
in Crl. Appeal No.510 of 2020
(v) Further, it is made clear that, the abovesaid period of
interim bail shall not be reckoned for the purpose of
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 in this
criminal appeal.
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/-
C. S. SUDHA,
JUDGE
Skk//24022023
24-02-2023 /True Copy/ Assistant Registrar
CRL.A No.510/2020 8/8
APPENDIX OF CRL.A 510/2020
Annexure-A TRUE COPY OF THE CERTIFICATE ISSUED FROM REGIONAL
CANCER CENTRE, THIRUVANANTHAPURAM DATED 17-12-2022.
Annexure-B TRUE COPY OF THE DISCHARGE CARD DATED 29-12-2022 ISSUED
FROM MEDICAL COLLEGE HOSPITAL, KOTTAYAM.
Annexure-C TRUE COPY OF MEDICAL CERTIFICATE ISSUED FROM DEPARTMENT
OF RADIATION ONCOLOGY, MEDICAL COLLEGE HOSPITAL,
KOTTAYAM DATED 18-1-2023.
24-02-2023 /True Copy/ Assistant Registrar
