Kerala High Court
Sunitha vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Wednesday, the 11th day of January 2023 / 21st Pousha, 1944
CRL.M.APPL.NO.3/2022 IN CRL.A NO.751 OF 2022
SC 224/2017 OF ADDITIONAL DISTRICT & SESSIONS COURT NO.III, PALAKKAD
PETITIONER/APPELLANT/2ND ACCUSED:
SUNITHA, AGED 35 YEARS,
D/O VELAYUDHAN, KORANPOTTA, CHIRA,
MANJAPRA, VADAKKANJERY, PALAKKAD.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE STATION HOUSE OFFICER,
VADAKKENJERRY POLICE STATION IN PALAKKAD ,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Application praying that in the circumstances stated therein the
High Court be pleased to extend the interim bail granted in Crl.M.A.1/2022
on 04.08.2022 by this Hon'ble Court which expired on 04.10.2022 thereby
suspend the conviction and sentence passed against the petitioner in
SC.No.224/2017 on the file of the III Additional District & Sessions
Judge, Palakkad dated 20.05.2022, till the disposal of the above Criminal
Appeal.
This Application again coming on for orders upon perusing the
application and this court's orders dated 04/08/2022 in CRL MA 1/2022 and
01/12/2022 in CRL MA 3/2022 and upon hearing the arguments of SHRI MANSOOR
ALI, Advocate for the petitioner and of the PUBLIC PROSECUTOR for
respondent, the court passed the following:
P.T.O.
ALEXANDER THOMAS & MURALI PURUSHOTHAMAN, JJ.
================================================
Crl.M.A No.1 of 2022 in Crl.Appeal No.683 of 2022,
Crl.M.A No.1 of 2023 in Crl.Appeal No.751 of 2022
&
Crl.M.A No.3 of 2022 in Crl.A.No.751 of 2022
[arising out of impugned judgment dated 20.05.2022
in S.C. No.224/2017 on the file of the Sessions Court, Palakkad]
================================================
Dated this the 11th day of January, 2023
ORDER
Crl.M.A No.1 of 2022
in
Crl.A. No.683 of 2022
The learned Public Prosecutor submits that he has secured
instructions and some more time is required to file the written
objections of the prosecution agency to the plea for sentence
suspension made in the above Criminal Miscellaneous Application.
2. Time granted by three weeks.
Crl.M.A No.1 of 2023
in
Crl.A. No.751 of 2022
The above Crl.M.A has been filed at the instance of Accused
No.2, praying for acceptance of additional document produced as
Annexure-A1, along with Crl.M.A No. 1 of 2023. It is submitted
that, Accused No.2 is already on interim bail, as she had earlier
delivered a baby on 17.11.2022. The document as per Annexure-A1
is being relied on by Accused No.2, to show that the Doctor has
certified that she requires more bed rest for post-delivery care. The
document marked as Annexure-A1 is received on record, only for
Crl.M.A No.1 of 2022 in Crl.Appeal No.683 of 2022,
Crl.M.A No.1 of 2023 in Crl.Appeal No.751 of 2022
&
Crl.M.A No.3 of 2022 in Crl.A.No.751 of 2022
the limited purpose of considering the plea for extension of the
interim bail of Accused No.2.
The above Crl.M.A will stand disposed of accordingly.
Crl.M.A No.3 of 2022
in
Crl.A. No.751 of 2022
Having regard to the facts and circumstances of the case, it is
ordered that interim bail, earlier granted to Accused No.2 for
delivery and post-delivery care, will stand extended by a further a
period of one month.
List Crl.M.A No.1 of 2022 in Crl.A.No.683 of 2022 & Crl.M.A
No.3 of 2022 in Crl.A No.751 of 2022 on 08.02.2023.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
MURALI PURUSHOTHAMAN, JUDGE
SPR
11-01-2023 /True Copy/ Assistant Registrar
