Vinod vs State Of Kerala
2023 Latest Caselaw 3687 Ker

Citation : 2023 Latest Caselaw 3687 Ker
Judgement Date : 29 March, 2023

Kerala High Court

Vinod vs State Of Kerala on 29 March, 2023

                  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. 869 OF 2020

             SC NO.239/2017 OF PRICIPAL SESSIONS COURT,KOLLAM

APPLICANT/APPELLANT NO.2/ACCUSED NO.2:

     GOPAKUMAR @ GOPAN, AGED 38 YEARS S/O GOPINATHAN PILLAI, INDIRA
     BHAVAN @ IDAYATHU VEEDU, KOTTAKKAKAMCHERI, THRIKKADAVOOR, FROM
     AMBADI VEEDU, NEAR KADAVOOR TEMPLE, KADAVOOR CHERI, THRIKKADAVOOR
     VILLAGE.

RESPONDENT/RESPONDENT/RESPONDENT:

     STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM-682 031.

     Application praying that in the circumstances stated therein the
High Court be pleased to grant interim bail to the applicant,for a period
of 2 weeks,so as to secure the ends of justice.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ,
SRI.M.REVIKRISHNAN, SRI.VIPIN NARAYAN, SRI.V.C.SARATH, SRI.AJEESH K.SASI,
SMT.POOJA PANKAJ, SRUTHY N. BHAT, SHRI.ABEL TOM BENNY, SMT.KIRAN ANTONY,
SRUTHY K K, RAHUL SUNIL, NIKITA J. MENDEZ, Advocates for the petitioner
and of the PUBLIC PROSECUTOR for the respondent, the court passed the
following:
            ALEXANDER THOMAS & C.S.SUDHA, JJ.
                 ==================
                  Crl.M.A.No.2 of 2023
                           in
                  Crl.A.No.869 of 2020

[arising out of the impugned judgment dated 04.08.2020 in S.C. No.239 of 2017
               on the files of the Principal Sessions Court, Kollam]
                      ==================
                Dated this the 29th day of March, 2023
                                ORDER

This is an application filed by the applicant-A2, seeking grant of

interim bail, to enable him to take care of the medical needs of his

ailing mother, aged 68 years.

2. Heard both sides.

3. The applicant would urge that his mother is suffering from

cardiac problems and that there is no one to take care of her medical

needs and that, he may be granted interim bail for a period of two

weeks for the above purpose.

4. The learned Prosecutor, on instructions, submitted that the

police authorities have given written instructions dated 23.03.2023

and it is submitted that the Social Justice Department was requested

to examine the issue and the Officials of the said Department have

contacted the applicant's mother on 25.03.2023 and the applicant's

mother then informed the said officials that she does not require any Crl.M.A.No.2/2023 in Crl.A.No.869/2020

- : 2 :-

assistance for treatment from the said department and that she is

having cardiac issues, etc.

5. We specifically directed the Social Justice Department to

furnish instructions, to ascertain as to whether their personnel would

render necessary assistance, by way of bystanders, etc., to help the

applicant's mother with her treatment and to take her to the hospital

etc. Now that the applicant's mother has taken the stand that she does

not require any such help, as can be seen from the instructions

furnished by the Social Justice Department Officials, we are not

inclined to grant interim bail for a period of two weeks, as prayed for

by the applicant. However, the applicant is allowed to be released on

interim bail for a period of three days, 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 offences while on bail.

(iii) The applicant shall return back to the prison immediately on expiry of the third day from Crl.M.A.No.2/2023 in Crl.A.No.869/2020

- : 3 :-

release on interim bail basis.

(iv) The above said period of interim bail, shall not be counted for reckoning the sentence, as envisaged in Section 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 appeal.