Kerala High Court
Binu vs The State Of Kerala on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO.262 OF 2021
SC NO.737/2013 OF THE ADDITIONAL DISTRICT & SESSIONS COURT VI,
THIRUVANANTHAPURAM
PETITIONER/APPELLANT:
BINU, AGED 34 YEARS,
S/O.MOHANAN, KARUNYA BHAVAN,
AMPADI NAGAR, STREET NO.4, ALATHARA,
PONGUMMOODU WARD, CHERUVAIKAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
RESPONDENT/RESPONDENT:
THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
Application praying that in the circumstances stated therein the
High Court be pleased to grant the petitioner/appellant an interim bail
for a period of 3 weeks for the above purpose in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI.P.RAJATHA, Advocate for the
petitioner and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:
P.T.O.
ALEXANDER THOMAS & C.S. SUDHA, JJ.
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Crl.M.A No.1 of 2022 in Crl.Appeal No.262 of 2021
[arising out of the judgment dated 16.02.2021 in S.C. No.737/2013
on the file of the Addl. District & Sessions Court-VI, Thiruvananthapuram]
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Dated this the 13th day of March, 2023
ORDER
The prayers in this application is for grant of interim bail to
enable the applicant/appellant to ensure that fencing is put up in
his property to prevent attacks by wild boars, etc.
2. Heard both sides.
3. The learned Public Prosecutor was earlier requested to
get instructions in the matter.
4. The learned Public Prosecutor submits that the parents
of the appellant are available in the house, etc.
5. After hearing both sides, we are not inclined to grant
interim bail to the applicant/appellant, who is convicted for
Sec.302 IPC offence and is facing life sentence, on the the abovesaid
ground.
in Crl.Appeal No.262 of 2021
6. Faced with this situation, Smt.P. Rajatha, learned counsel
appearing for the applicant/appellant, submits that the appellant's 19
year old daughter is having breathing and other health issues and
that she has to be taken to the hospital for treatment etc., and that,
interim bail may be granted.
7. Such a factual plea is not set up in the present
application.
8. The learned counsel appearing for the
applicant/appellant submits that liberty may be reserved to the
applicant to file a fresh application seeking interim bail, to attend the
medical needs of his daughter.
9. We make it clear that the above application is dismissed,
as the only plea therein is for grant of interim bail for the purpose of
putting up of fencing.
10. Liberty is accorded to the applicant/appellant to file
appropriate application along with supporting documents, which will
then, be considered on merits.
in Crl.Appeal No.262 of 2021
With these observations and directions, the above criminal
miscellaneous application will stand dismissed.
Hand over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C.S. SUDHA,
JUDGE
Skk//02032023
13-03-2023 /True Copy/ Assistant Registrar
