X vs State Of Kerala
2023 Latest Caselaw 663 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
               THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         Thursday, the 12th day of January 2023 / 22nd Pousha, 1944
                CRL.M.APPL.NO.2/2021 IN CRL.A NO.184 OF 2021
           SC 349/2017 OF ADDITIONAL SESSIONS COURT - I, KALPETTA
APPELLANT/ACCUSED:

     XXX

RESPONDENT/COMPLAINANT:

     STATE OF KERALA,
     REPRESENTED BY THE INSPECTOR OF POLICE,
     MEENANGADI POLICE STATION, KALPETTA,
     THROUGH THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the conviction and sentence passed
against the petitioner in SC No.349/2017 on the file of the Special Court
for Trial of offences under POCSO Act & Children's Court (Additional
Sessions Court-I), Kalpetta, Wayanad dated 03.07.2019 till the disposal of
the Crl.A.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI V.A.AJIVAS, Advocate for the
petitioner and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:




                                                                      P.T.O.
    ALEXANDER THOMAS & MURALI PURUSHOTHAMAN, JJ.

============================================ Crl. M. A. No. 2 of 2021 in Crl. Appeal No. 184 of 2021 (arising out of the impugned judgment dated 3.7.2019 in S.C.No.349/2017 on the file of the Special Court for Trial of Offences under the POCSO Act & Children's Court (Additional Sessions Court-I), Kalpetta, Wayanad) ============================================= Dated this the 12th day of January, 2023

O RDER

This is an application for suspension of the impugned sentence in

this case.

2. The applicant had also given a petition directly from the

jail, addressed to the Registry of this Court, praying for grant of interim

bail, on the ground that he is suffering from serious cardiac ailments,

etc.

3. This Court had, earlier, directed the learned Prosecutor to

get instructions from the prison authorities. Now the learned

Prosecutor has submitted, on the basis of the written instructions

dated 7.1.2023 furnished by the Superintendent of the Central Prison,

Kannur, that the applicant was subjected to medical evaluation by the

Government Medical College Hospital, Kannur and the Superintendent

of the said Government Medical College Hospital has given a report

dated 6.1.2023, stating that the applicant was evaluated by the

Professor and Head of the Department of Cardiology of Government Crl. M. A. No. 2/2021 in Crl. Appeal No. 184/2021

Medical College, Kannur and that, the applicant has a known case of

heart disease and was previously evaluated for acute coronary syndrome

and ECG showed RBBB and ECHO revealed normal LV functions with

RWMA and that, in view of chest pain, which is not typical of angina,

TMT (Treadmill Test) was done, which showed negative results for

induciable ischemia. Further that, the applicant needs regular follow up

and long term cardiac medications and currently, he is on antiplatelets,

statins and coronary artery vasodilators and that, he can perform

ordinary physical activities.

4. We have perused the abovesaid report. Having regard to the

same, it is ordered, in the interest of justice, that the prison authorities

will ensure, that the prison doctor may regularly examine the applicant

and in case the prison doctor feels that consultation with the

Government Medical College Hospital, Kannur is required, then

necessary steps in that regard may be taken by the prison authorities.

5. Further, Sri.V.A.Ajivass, learned advocate, who was earlier

engaged as State Brief in this case for the applicant/appellant, has told

us that the appellant wanted change of counsel and that, therefore, he

has intimated the High Court Legal Services Committee, under the

Kerala State Legal Services Authority (KELSA) that, in view of the Crl. M. A. No. 2/2021 in Crl. Appeal No. 184/2021

abovesaid stand of the applicant, he has to relinquish his appearance

and he has returned the case file to the High Court Legal Services

Committee for further action.

6. The Registry may ascertain these aspects from the

High Court Legal Services Committee, who in turn may give their

report in the matter.

7. So also, it is further directed that the Superintendent of the

Central Prison, Kannur where the appellant is now detained, may

ascertain directly from the appellant, as to whether he wishes to engage

any other counsel of his choice or whether steps could be taken by the

High Court Legal Services Committee for engagement of another State

Brief to prosecute this Appeal on his behalf. The Superintendent of the

Central Prison, Kannur may give a report in that regard within 3 weeks.

List the case on 14.2.2023.

Hand over.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

MURALI PURUSHOTHAMAN, JUDGE MMG

12-01-2023 /True Copy/ Assistant Registrar