Kerala High Court
Bobas @ Saju vs State Of Kerala on 24 May, 2023
CRL.A No.277/2017 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
CRL.M.APPL.NO.2/2023 IN CRL.A NO. 277 OF 2017
SC NO.536/2012 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-V
THIRUVANANTHAPURAM
APPELLANT/APPELLANT NO.2/ACCUSED NO.2:
SAMUVEL @ VIJAYAN, S/O.GAMILIYEL, ALUMKUZHY, KONNIYOORMURY,PERUMKULAM
VILLAGE, THIRUVANANTHAPURAM DISTRICT.
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM,
Application praying that in the circumstances stated therein the
High Court be pleased to grant interim bail to the applicant/appellant
No.2/Accused No.2 in S.C.No.536/2012 on the files of the Court of the
Additional District and Sessions Judge-V, Thiruvananthapuram,for a period
of 1 month,so as to secure the ends of justice.
This Application coming on for orders upon perusing the application
and this court's order dated 27.03.2023 in Crl.M.A 1/2023 and upon hearing
the arguments of M/S.P.VIJAYA BHANU (SR.),V.C.SARATH, SRUTHY K K,
P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, SRUTHY N. BHAT, RAHUL SUNIL,
NIKITA J. MENDEZ Advocates for the petitioner and of the PUBLIC
PROSECUTION for the respondent, the court passed the following:
p.t.o
CRL.A No.277/2017 2/6
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
------------------------------------------------------
Crl.M.A.No.2 of 2023
in
Crl.Appeal.No.277 of 2017
-----------------------------------------------------
Dated this the 24th day of May, 2023
ORDER
C.S.Sudha, J.
This application under Section 389(1) and 482 of Cr.P.C has been
filed by the 2nd accused/2nd appellant (A2) in the aforesaid Criminal Appeal
seeking interim bail. The applicant as per the impugned judgment has been
interalia sentenced to undergo imprisonment for life and to a fine of
₹25,000/- and in default of payment of fine amount to undergo rigorous
imprisonment for one year for the offence punishable under Section 302
read with Section 34 of the IPC.
2. In the application, it is alleged that the applicant's brother, who
met with an accident on 24/01/2023 sustained injuries on his abdomen. He
was admitted in the Government Medical College Hospital,
Thiruvananthapuram for a period of more than two months and thereafter
discharged on 31/03/2023. The applicant's brother's family consist of his
wife and two minor children. As the applicant's brother is not in a condition
to go for any work, he is not in a position to look after his family including
his aged mother. In such circumstances, the applicant's presence is highly
CRL.A No.277/2017 3/6
Crl.M.A.No.2 of 2023 in
Crl.Appeal.No.277 of 2017
necessary so as to raise funds for the daily needs of his brother's family. It
is also alleged that the applicant is a chronic heart patient. He is continuing
his treatment in prison also. The applicant is now in Central Prison
Poojappura, where there are several covid-19 affected persons. Due to the
cardiac complaints, the applicant was taken to Government Medical
College Hospital, Thiruvananthapuram and he was advised to undergo
HOLTER Monitor Test on 30/06/2023. As the applicant is having serious
cardiac issues, his family members are anxious about his health, for better
treatment, the applicant's family wants to take him to a better medical
centre. Therefore, he seeks interim bail for a period of one month.
3. The application is opposed by the prosecution.
4. Heard Ms.Sruthy K.K, the learned Counsel for the applicant
and Sri. E.C. Bineesh, the learned Public Prosecutor.
5. Earlier, the applicant herein had moved Crl.M.A.1 of 2023
alleging that he had availed a loan from a bank for meeting the expenses of
his daughter's marriage. The loan was being repaid regularly. However,
pursuant to his conviction, his family was unable to repay the loan. As the
repayment was defaulted, the bank initiated recovery proceedings. The
applicant required to raise funds to repay the loan amount so as to avoid the
recovery proceedings. Before his conviction and sentence, he was doing
CRL.A No.277/2017 4/6
Crl.M.A.No.2 of 2023 in
Crl.Appeal.No.277 of 2017
timber business. Some persons owed substantial amounts to him in
connection with the said business. The said amounts have been agreed to
be given to the applicant in the mediation talks that took place earlier.
However, his debtors would return the amounts due to him only in his
presence. Hence the presence of the applicant is highly necessary to get
the funds so as to repay the loan and to avoid the recovery proceedings.
The aforesaid application has been dismissed by order dated 27/03/2023.
The learned counsel for the applicant advanced the very same arguments as
raised in the earlier application with the only difference that in the present
application, the necessity for being released on interim bail is to raise funds
for maintaining his brother's family and for availing better treatment for the
applicant.
6. As far as the medical ground raised is concerned, we have
been provided with a copy of the medical report of Dr.Sajna G.L, Assistant
Surgon, Central Prison and Correctional Home, Poojappura,
Thiruvananthapuram. In the report, it is stated that necessary treatment and
follow up proceedings are being taken and that the report of the Echo
conducted on 28/11/2022 is normal. Holter study was initially scheduled to
30/06/2023. However, an earlier date was obtained and the study was
conducted on 14/12/2022. Thereafter, the applicant had several
CRL.A No.277/2017 5/6
Crl.M.A.No.2 of 2023 in
Crl.Appeal.No.277 of 2017
consultations at the Cardiology OPD, at which time he was advised three
monthly follow up along with regular medicines. Presently, the applicant is
stated to be a regular NCD clinic follow up patient who have been taking
regular medicines without fail. Further as per the examination conducted
on 17/05/2023, the applicant is reported to be clinically stable and that his
next cardiology review is scheduled to be on 14/06/2023. In the report, it
is also stated that presently there are no active covid patients in the prison.
In these circumstances, we do not find any reasons for granting the
relief sought for in the application. Hence the application is dismissed.
Sd/-
P.B. SURESH KUMAR
JUDGE
Sd/-
C.S.SUDHA
JUDGE
Jms/25.05
24-05-2023 /True Copy/ Assistant Registrar
CRL.A No.277/2017 6/6
24-05-2023 /True Copy/ Assistant Registrar
