Kerala High Court
Joji @ Kunjanja vs 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.1/2023 IN CRL.A NO.20 OF 2021
SC 598/2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (FOR THE TRIAL OF
CASES RELATING TO AROCITIES & SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN),
ERNAKULAM
PETITIONER/APPELLANT:
JOJI @ KUNJANJA, AGED 41 YEARS,
S/O ANTONY, VADAKKEKARA HOUSE,
KUTTIYANIKUNNU COLONY, PARATHATTA PALLITHAZHAM BHAGOM,
SOUTH MARADY KARA, MARADY VILLAGE, ERNAKULAM DISTRICT.
RESPONDENT/RESPONDENT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN-682 031.
2. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM
DISTRICT -681661.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence of the petitioner in
connection with Sessions Case No.598 of 2017 on the file of POCSO Court,
Ernakulam for a period of one month on whatever conditions deems fit in
the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. P.MOHAMED SABAH, SAIPOOJA,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondents, the court passed the following:
P.T.O.
ALEXANDER THOMAS & C. S. SUDHA, JJ.
================================================
Crl. M. A. No. 1 of 2023
in
Crl. Appeal No. 20 of 2021
(arising out of the impugned judgment dated 25.11.2020 in S.C. No. 598/2017
on the file of the Addl. District and Sessions Court (For the trial of cases relating to
Atrocities & Sexual Violence against Women and Children), Ernakulam)
===============================================
Dated this the 13th day of March, 2023
ORDER
This is an application for grant of interim bail to the
applicant/convict to enable him to attend to his father's illness.
2. Heard both sides.
3. Earlier, when the matter had come up for consideration,
we had requested the learned Prosecutor to get instructions from the
respondent Police authorities and also, to ensure that the local SHO
concerned may conduct appropriate enquiries to ascertain the bonafides
and genuineness of the abovesaid factual plea set up in this case regarding
the illness of the father, etc. Today, when the matter has been taken up for
consideration, the learned Prosecutor would submit, on the basis of
instructions, that the local enquiries of the Police authorities have revealed
that, the appellant's father has already secured treatment from the hospital
concerned and has been discharged from the said hospital and he is now
taking rest. Further, it is also stated that, it is revealed that the mother and
wife of the applicant as well as the children of the applicant, one aged 17
Crl. M. A. No. 1 of 2023 in
Crl. Appeal No. 20 of 2021
- : 2 :-
years and another aged 10 years, are residing with the applicant's
father, etc.
4. The counsel for the applicant submits that the applicant may
be granted one week's interim bail to spend some time with his father.
5. The said plea is opposed by the learned Prosecutor.
6. After hearing both sides, we are of the view that, the main
plea set up in this application was for grant of interim bail, to enable the
applicant to take the applicant's father to the hospital for treatment.
Now, the treatment process is over and the father is discharged from the
hospital and is residing in home. The applicant's close relatives are
already with the father. Hence, we are not inclined to grant the plea for
interim bail.
With these observations and directions, the above Criminal
Miscellaneous Application will stand dismissed.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C. S. SUDHA, JUDGE
MMG
13-03-2023 /True Copy/ Assistant Registrar
