Kerala High Court
Beena @ Haseena vs State Of Kerala on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
CRL.M.APPL.NO.3/2022 IN CRL.A NO.540 OF 2022
SC 353/2021 OF IST ADDITIONAL SESSIONS COURT,KOZHIKODE
PETITIONER/APPELLANT/ACCUSED:
BEENA @ HASEENA, AGED 50 YEARS, KHADAR COMPOUND, MANCHOTTIL
PANCHAMUKKIL POST, MANGALORE, KARNATAKA STATE - 575 001, NOW
RESIDING AT PAZHAMPILLY HOUSE, THOKKUPARA, KUNJITNANNY, IDUKKI
DISTRICT, PIN - 685565.
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed against
the petitioner /appellant in S.C.No.353/2021 by the 1st Additional
Sessions Court, Kozhikode, for a period of six weeks, for which act of
kindness the petitioner shall as in duty bound ever.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI IEANS.C.CHAMAKKALA, Advocate for
the petitioners and of Sri Alex M.Thombra 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.3 of 2022
in
Crl. Appeal No.540 of 2022
(arising out of the impugned judgment dated 23.04.2022 in S.C. No.353/2021
on the files of the Sessions Court-IV, Kozhikode]
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Dated this the 30th day of March, 2023
ORDER
The plea of the applicant herein, who is the sole accused in the
split up session trial, is for the grant of interim bail to enable her to
attend to the surgery needs of her 10 year old son, who is said to be
suffering from various serious medical complications and who
requires emergent surgery.
2. Heard Sri.Ieans C. Chamakkala, learned counsel appearing
for the applicant/sole accused and Sri.Alex M. Thombra, learned
Public Prosecutor, appearing for the sole respondent-State.
3. The learned counsel appearing for the applicant would
urge that the applicant has two sons and one daughter and that they
are now being looked after by her aged father and that her younger
son, now aged 10 years, is facing lot of serious medical complications
and he requires emergent surgery, and the nature of the diseases are
described in detail in the various documents produced as Anxs.A1 to
Crl.M.A. No.3 of 2022
in Crl. Appeal No.540 of 2022
A10, produced along with Crl. M.A. No.2 of 2022, filed in this appeal,
for acceptance of such additional documents. Further that, Anxs.A4
to A10, etc., would show that the child is diagnosed to have "Large
Esophageal Varices" and that, now the child should also be subjected
emergently for a Hernia surgery. Now the surgery of the child is
arranged to be done at Mar Baselios Medical Mission Hospital,
Kothamangalam, Ernakulam District, and the said hospital has
scheduled the surgery on 11.04.2023, etc. That the applicant has been
advised that the child would require longer period of post operative
care, after the operation is over. Accordingly, the learned counsel
appearing for the petitioner would urge that she be granted interim
bail for a period of six weeks to enable her to take care of the
hospitalistion and other medical needs of her 10 year old son.
4. The learned Public Prosecutor, earlier, after getting
instructions, and, it appears that, the investigation agency have no
serious dispute regarding the correctness of the factual pleas of the
petitioner regarding the various medical complications of her minor
son. However, the learned Public Prosecutor would caution us that,
the period of six weeks, as sought for in the application, is rather too
long and this Court may exercise its discretion in the matter.
Crl.M.A. No.3 of 2022
in Crl. Appeal No.540 of 2022
5. Further, the learned Public Prosecutor has also submitted
that the Social Justice Department has given instructions that their
personnel may not be in a position to offer their services as a
bystander in cases of this nature and that the said department has
already interacted with Non-Governmental Organisations (NGOs) and
that, few of them are willing to provide their personnel as bystanders
to such needy persons.
6. From the documents produced before us, it is seen that
the child is having lot of serious medical complications and hence the
10 year old son may require the presence of the applicant mother.
Hence, we are now inclined to grant interim bail to the applicant for a
period of three weeks to enable her to take care of the surgery needs
and hospitalisation requirements of her son. However, we make it
clear that the applicant should ensure that she actually secures release
from the prison on interim bail on a day prior to 11.04.2023, i.e.,
10.04.2023, so that she can avail the facility of the interim bail of 21
days from 10.04.2023.
7. The learned counsel appearing for the applicant submits
that the Court may be having holidays from 06.04.2023 to
10.04.2023, in view of the passion week, etc.
Crl.M.A. No.3 of 2022
in Crl. Appeal No.540 of 2022
8. That may be so, and it is for the applicant to complete the
formalities of execution of bond and furnishing of solvent sureties
before the Sessions court concerned prior to 10.04.2023 and may get
her actual release from the prison on 10.04.2023 so that the period of
21 days is reckoned from the day of actual release. Accordingly the
applicant is granted interim bail for a period of 21 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 offence while on bail.
(iii) The applicant shall utilise the above interim bail period only
for the purpose of hospitalisation and other medical care
requirements of the child. The applicant may complete the
formalities of execution of bond and furnishing of solvent
sureties, immediately and may secure actual release from
the prison on 10.04.2023, as mentioned above. The
applicant shall report back to the prison immediately on the
expiry of the 21 days from the day of her actual release.
Crl.M.A. No.3 of 2022
in Crl. Appeal No.540 of 2022
(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
partially modified by this Court in this criminal appeal.
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//30032023
30-03-2023 /True Copy/ Assistant Registrar
