Kerala High Court
Nitheesh vs State Of Kerala on 16 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
Tuesday, the 16th day of April 2024 / 27th Chaithra, 1946
CRL.M.APPL.NO.2/2024 IN CRL.A NO.939 OF 2020
SC NO.660/2019 OF THE SESSIONS COURT, THRISSUR
APPLICANT/APPELLANT/ACCUSED:
NITHEESH, AGED 32 YEARS,
S/O SATHYANADHAN, KALLUKATTAYIL HOUSE,
VADAKKEKAD, THRISSUR DISTRICT-679562.
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
Application praying that in the circumstances stated therein the
High Court be pleased to grant interim bail to the applicant for a period
of one month, in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. P.VIJAYA BHANU (SR.),
SRI.P.K.VARGHESE, SMT.POOJA PANKAJ, SMT.SANJANA RACHEL JOSE, Advocates for
the petitioner and of the PUBLIC PROSECUTOR for the respondent,the court
passed the following:
P.T.O.
N. NAGARESH & P.M. MANOJ, JJ.
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Crl.M.A. No.2 of 2024
in
Criminal Appeal No.939 of 2020
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Dated this the 16th day of April, 2024
ORDER
Nagaresh, J.
The appellant, who stands convicted under Sections
440, 449, 324 and 302 of the Indian Penal Code and who has
been sentenced to undergo rigorous imprisonment for life
under Section 302 of the India Penal Code, has filed this
petition under Section 374(2) of the Code of Criminal
Procedure praying that this Court may be pleased to grant
interim bail to the applicant for a period of one month.
2. The applicant would submit that the marriage of
the applicant's cousin sister was fixed to be solemnized on
21.04.2024 due to the anticipation that the applicant will be
released on ordinary parole during Vishu and he will be
present to conduct the marriage. Unfortunately, the General
Crl.M.A. No.2 of 2024 in Criminal Appeal No.939 of 2020
Election to the Parliament was announced and the polling in
Kerala is scheduled to be held on 26.04.2024. Therefore, in
view of the Model Code of Conduct, the petitioner will not be
granted ordinary parole during this period.
3. Heard the learned counsel for the appellant and
the learned Public Prosecutor representing the respondent.
4. The Public Prosecutor relied on a judgment of
this Court in Sandhya v. Secretary, Secretariat,
Thiruvananthapuram [2020 (3) KLJ 662] and submitted that
a petition under the present circumstances is not
maintainable before this Court.
5. It is evident that the appellant is the accused in
SC No.660/2019. The appellant stands convicted under
Sections 440, 449, 324 and 302 of the IPC. The allegation
against the appellant is that on 04.04.2019, the appellant
committed murder on the deceased Neethu by stabbing her
and inflicting fatal stab injuries and thereafter poured petrol
and set her ablaze.
Crl.M.A. No.2 of 2024 in Criminal Appeal No.939 of 2020
6. This Court has considered the issue of grant of
interim bail to the persons convicted and has held that in
view of the dictum laid down in Home Secretary, Prison v.
H. Nilofer Nisha [2020 KHC 6064] for release of a convicted
prisoner for short term requirements, recourse should
necessarily be made to the remedy of leave, emergent or
ordinary, as the case may be, under the Prisons Act and
Rules.
7. Going through the pleadings and affidavit filed in
support of Crl.M.A No.2 of 2024, we do not find any
extraordinary facts warranting interference invoking Section
374(2) of the Code of Criminal Procedure.
The Crl.M.A is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
Sd/-
P.M. MANOJ, JUDGE
spk
16-04-2024 /True Copy/ Assistant Registrar
