Kerala High Court
Umesh Babu vs State Of Kerala on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.890 OF 2024
SC 1377/2021 OF ADDITIONAL SESSIONS COURT - IV, KOLLAM
APPLICANT/APPELLANT/ACCUSED NO.1:
UMESH BABU, AGED 64 YEARS, S/O DIVAKARAN, PAZHAYATHU VEEDU, FAMILY
NAGAR II, NEAR PAZHAYATHU JUNCTION, ULIYAKOVIL CHERRY, KOLLAM EAST
VILLAGE, KOLLAM DISTRICT, PIN - 691019.
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence passed in S.C.No.1377/2021
on the file of the Additional Sessions Court - IV, Kollam and grant him
bail during the pendency of the above appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/s.SHAIJAN C.GEORGE, VINAI JOHN,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent,the court passed the following:
P.T.O.
P.G. AJITHKUMAR, J.
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Crl. M.A. No.1 of 2024
in
Crl. Appeal No.890 of 2024
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Dated this the 20th day of June, 2024
ORDER
This is a petition filed by the appellant under Section
389(1) of the Code of Criminal Procedure, 1973 (Code).
2. The petitioner-appellant along with three other
persons were tried on a charge for the offences including
murder. The petitioner alone was convicted. He was found
guilty for the offences under Sections 304 Part II, 308 and
341 of the Indian Penal Code, 1860. He was found non-guilty
of the offence of murder. He has to undergo imprisonment for
a period of 7 years in terms of the impugned judgment.
3. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
4. The learned counsel for the petitioner would submit
that the conviction of the appellant is not based on any
tangible evidence, and there is every chance for allowing the
appeal. The learned Public Prosecutor strongly opposes the
petition on the ground that the appellant was the principal
Crl. M.A. No.1 of 2024 in
offender, and as a result of his offending act, the death
occurred. For want of collecting sufficient evidence only, a
conviction for murder could not be had, but still responsibility
of the appellant for the death cannot be lost sight of. The
learned Public Prosecutor however would submit that the
petitioner has no criminal antecedents.
5. The petitioner was convicted and sentenced on
30.04.2024. Ever since, he has been in jail. Of course, as a
result of his offending act, the death of a person occurred.
However, the offence for which he is convicted is culpable
homicide not amounting to murder, and the term of sentence
is 7 years. In the circumstances, I am of the view that
execution of the sentence can be suspended pending appeal
subject to conditions.
Accordingly, this petition is allowed and the petitioner is
granted bail on his executing a bond for Rs.1,00,000/-
(Rupees one lakhs only), with two solvent sureties for the like
amount each, to the satisfaction of the trial court, subject to
the following conditions:
Crl. M.A. No.1 of 2024 in
i) He shall deposit the 50% of the fine amount in the
trial court within two months;
ii) He shall not enter the local limits of East Kollam Police
Station till the final disposal of this appeal;
iii) During the bail period, he shall not get involved in
any offence; and
In case of breach of any of the above conditions, the
prosecution shall be at liberty to apply before this Court for
cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR, JUDGE
SMF
20-06-2024 /True Copy/ Assistant Registrar
