Shybu @Appuni vs State Of Kerala
2023 Latest Caselaw 1232 Ker

CRL.A No.1071/2022                         1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                           &
                        THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
               Wednesday, the 18th day of January 2023 / 28th Pousha, 1944
                      CRL.M.APPL.NO.1/2023 IN CRL.A NO.1071 OF 2022
                 SC 404/2015 OF ADDITIONAL SESSIONS COURT-I,MAVELIKKARA

   APPLICANT/1ST APPELLANT/1ST ACCUSED:


          SHYBU @ APPUNI, AGED 31 YEARS,
          S/O. XAVIER, KAIPPALLIL VEEDU, KANNAMANGALAM SOUTH MURI,
          KANNAMANGALAM VILLAGE, ALAPPUZHA - 690106.

   RESPONDENT/RESPONDENT/COMPLAINANT:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM - 682031.


        Application praying that in the circumstances stated therein the
   High Court be pleased to grant interim bail to the applicant, for a period
   of 1 month, so as 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.VIJAYA BHANU (SR.),NIKITA J.
   MENDEZ, P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, SRUTHY N. BHAT, RAHUL
   SUNIL, SRUTHY K.K., Advocates for the petitioner and of the PUBLIC
   PROSECUTOR for the respondent, the court passed the following:




                                                                             P.T.O.
 CRL.A No.1071/2022                           2/4




                     ALEXANDER THOMAS & SOPHY THOMAS, JJ.
                                ==================
                      Crl.M.A.No.1 of 2023 in Crl.A.No.1071 of 2022

          [arising out of the impugned judgment dated 14.10.2022 in S.C. No.404 of
              2015 on the files of the Additional Sessions Judge-I, Mavelikara]
                                   ==================
                            Dated this the 18th day of January, 2023
                                          ORDER

Crl.M.A.No.1 of 2023 in Crl.A.No.1071 of 2022

The learned Prosecutor submits that as the above Crl.M.A. is

coming up for consideration for the first time, he may be given time

to get factual instructions from the competent Police Authorities, who

may have to conduct appropriate enquiry to ascertain the

genuineness and bona fides of the pleas.

2. Time granted. The learned Prosecutor may ensure that the

competent Police Authorities including the local SHO, may conduct

appropriate enquiries and may ascertain as to the genuineness and

bona fides of the factual pleas set up in this application and may also

endeavour to secure instructions from the Government Medical

College Hospital, Alappuzha, who has issued Annexure-2 series of

records. The learned Prosecutor may also get necessary instructions

from the Social Justice Department of Alappuzha District as to CRL.A No.1071/2022 3/4

Crl.M.A.No.1 of 2023 in Crl.A.No.1071 of 2022 - : 2 :-

whether their personnel can take proactive steps to assist the

petitioner's wife in ensuring proper treatment of their child in the

Government Medical College Hospital, Alappuzha.

List on 27.01.2023.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

                                                        SOPHY THOMAS, JUDGE
          DSV




18-01-2023                          /True Copy/                      Assistant Registrar
 CRL.A No.1071/2022                    4/4

                      APPENDIX OF CRL.A 1071/2022
Annexure 2           COPY OF THE DISCHARGE BOOK ISSUED FROM DEPARTMENT OF

PAEDIATRICS, GOVT. T.D. MEDICAL COLLEGE, ALAPPUZHA

18-01-2023 /True Copy/ Assistant Registrar