Kerala High Court
Fr.Edwin Pigarez vs State Of Kerala on 29 March, 2023
CRL.A No.160/2017 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
CRL.M.APPL.NO.2/2023 IN CRL.A NO. 160 OF 2017
SC 203/2016 OF THE ADDITIONAL DISTRICT & SESSIONS COURT, ERNAKULAM
PETITIONER/APPELLANT:
FR.EDWIN PIGAREZ, AGED 41 YEARS,
S/O.JOSEPH, PATHISSERY HOUSE,
AREEPPALAM KARA,POOMANGALAM VILLAGE,
THRISSUR DISTRICT
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY ITS PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence in S.C.No.203 of 2016 of
Additional District and Sessions Court, (For the trial of cases relating
to Atrocities & Sexual Violence against Women and Children), Ernakulam,
for one month, in the interest of justice. Otherwise, it will cause
irreparable loss and hardships to the petitioner.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. SRI.S.SREEKUMAR (SR.),
SRI.R.GITHESH, SRI.P.MARTIN JOSE, SRI.M.A.MOHAMMED SIRAJ, SRI.MANJUNATH
MENON, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, Advocates for the petitioner
and of the PUBLIC PROSECUTOR for the respondent, the court passed the
following:
P.T.O.
CRL.A No.160/2017 2/7
ALEXANDER THOMAS & C. S. SUDHA, JJ.
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Crl. M. A. No.2 of 2023
in
Crl. Appeal No.160 of 2017
[against judgment dated 08.12.2016 in S.C. No.203/2016 on the files of the Additional Dist.
& Sessions Court (for the trial of cases relating to Atrocities & Sexual Violence against
Women and Children), Ernakulam]
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Dated this the 29th day of March, 2023
ORDER
This is an application, filed by the applicant/A-1, seeking grant
of interim bail on a short time basis to enable him to spend time with
his ailing mother, aged 84 years, in the passion week.
2. Heard both sides.
3. The applicant has been inter alia convicted for offences as
per Sec.376(2)(l) of the Indian Penal Code (IPC), Sec.3(a) read with
Sec.4, Sec.5(l) read with Sec.6, etc., of the Protection of Children from
Sexual Offences (PoCSO) Act, etc., and he has been sentenced to
undergo life imprisonment, etc.
4. The learned counsel appearing for the applicant would
point out that the applicant, now aged 44 years, is a Catholic Priest
and that, his mother is aged 84 years and she is suffering from
serious illness, as evident from Anx.E medical certificate dated
CRL.A No.160/2017 3/7
Crl. M. A. No.2 of 2023
in Crl. Appeal No.160 of 2017
15.03.2023, issued by the Medical Officer of the Primary Health
Centre, concerned. Further, it is pointed out that the applicant was,
as per Anx.A order dated 23.03.2021, rendered on Crl. M.A.
No.1/2021 in this criminal appeal, released on interim bail for a
period of 30 days for the reasons stated therein. It is also pointed out
that since the applicant was then suffering from COVID-19 illness,
after his release on interim bail, his period of interim bail was
extended by a further period of 20 days and so he could avail interim
bail then for a total period of 50 days. Still further, he was released
on interim bail for a period of 30 days on another occassion as per
Anx.D order dated 30.03.2022 on Crl. M.A. No.1/2022 in this
criminal appeal.
5. The applicant would further urge that his mother, aged
84 years, is seriously ill and that he may be released on interim bail
for a period of 30 days to spend some time with his ailing.
6. The plea for interim bail is strongly opposed by Sri.Alex
M. Thombra, learned Public Prosecutor, appearing for the
respondent-State, and it is pointed out that going by the nature and
gravity of the allegations and also taking into account that the
CRL.A No.160/2017 4/7
Crl. M. A. No.2 of 2023
in Crl. Appeal No.160 of 2017
applicant is a Priest, etc., this Court may not grant any further
indulgence to such a convict, whose conviction cannot be said to be
obliterated merely on account of the pendency of this appeal.
Further, the learned Public Prosecutor would point out that the
applicant has availed interim bail for a long periods on the previous
occasion and it was extended in the instance only because that he has
stated that he has contracted COVID-19 then. The learned Public
Prosecutor would also urge that this Court may not take a lenient
view in the matter, etc.
7. After hearing both sides, we are of the view the that the
plea of the applicant for availing interim bail for a period of 30 days
cannot be conceded to by this Court. Such a long period of interim
bail cannot be granted to such a convict merely because he was
granted interim bail for longer periods on the previous occasions.
The learned Public Prosecutor is certainly right in urging before us
that the overall nature of the allegations and gravity of the offence,
etc., which should dissuade us from taking a lenient view.
8. However, taking note of the fact that the applicant's
mother, aged 84 years, is seriously ill of old age ailments, etc., we are
CRL.A No.160/2017 5/7
Crl. M. A. No.2 of 2023
in Crl. Appeal No.160 of 2017
of the view that the applicant could be released on interim bail for a
short period of 3 to 4 days, so as to enable him to spend some time
with his ailing aged mother, during the passion week. Accordingly, it
is ordered that, the applicant/A-1 shall be released on interim bail
subject to the following conditions:
(i) The applicant shall execute a bond for Rs.50,000/- (Rupees
Fifty Thousand only) and shall also furnish two solvent
sureties for the like sum, both to the satisfaction of the
Sessions Court concerned.
(ii) The applicant shall not commit any offence while on bail.
(iii) The applicant shall be released on interim bail basis as per
this order on 06.04.2023 (Thursday) and he shall report
back to prison before 10 a.m. on 10.04.2022 (Monday).
(iv) Further, it is made clear that, the abovesaid period of
interim bail shall not be reckoned for the purpose of
computing the period of sentence of the applicant, as
envisaged in Sec.389(4) of the Cr.P.C., in case, the
impugned sentence in this case is ultimately upheld or
modified by this Court in this criminal appeal.
CRL.A No.160/2017 6/7
Crl. M. A. No.2 of 2023
in Crl. Appeal No.160 of 2017
9. It is also made clear that bail bond and furnishing of
solvent sureties, etc., may be complied with by the applicant/A-1
before 06.04.2023 and the prison authorities will actually release
him from the prison, only on 06.04.2023. This we say so, as we are
told that the Court may be having holiday on 06.04.2023.
With these observations and directions, the above criminal
miscellaneous application will stand disposed of.
Hand over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C. S. SUDHA,
JUDGE
Skk//29032023
29-03-2023 /True Copy/ Assistant Registrar
CRL.A No.160/2017 7/7
APPENDIX OF CRL.A 160/2017
Annexure A TRUE COPY OF ORDER DATED 23-03-2021 IN CRL.M.A.NO.1 OF
2021 IN CRL.APPEAL NO.160 OF 2017 OF THIS HON'BLE COURT
Annexure E TRUE COPY OF CERTIFICATE DATED 15-03-2023 ISSUED FROM
PRIMARY HEALTH CENTRE, POOMANGALAM
29-03-2023 /True Copy/ Assistant Registrar
