Kerala High Court
Sajeer @ Habeeb vs State Of Kerala on 13 September, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
CRL.M.APPL.NO.2/2024 IN CRL.A NO.1376 OF 2018
SC NO.1530/2012 OF THE ADDITIONAL DISTRICT & SESSIONS COURT VI,
THIRUVANANTHAPURAM
APPLICANT/APPELLANT NO.2:
HUSSAIN ABBAS @ HUSSAIN @ ABBAS, AGED 32 YEARS,
S/O.JAFAR, SULAIMAN MANZIL, ALAZHATHAZHA,
KARAKULAM VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, (NOW RESIDING AT PALLATHU HOUSE,
T.C.NO.35/123, SRA B 49, PALLATHU PUTHEN ROAD JUNCTION,
VALLAKADAVU WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM - 695008).
RESPONDENT/RESPONDENT:
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 release the petitioner on interim bail for a
period of 3 weeks.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.M.P.MADHAVANKUTTY, Advocate for the
petitioner and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:
P.T.O.
RAJA VIJAYARAGHAVAN V. & G.GIRISH, JJ.
------------------------------------------------
Crl. M.A.No. 2 OF 2024
in
Crl.A.No.1376 OF 2018
----------------------------------------------------
Dated this the 13th day of September, 2024
ORDER
Raja Vijayaraghavan, J.
The applicant herein is the 3rd accused in S.C.No. 1530 of 2012 on the file
of the Additional Sessions Court VI, Thiruvananthapuram. By the impugned
judgment, he was convicted inter alia for the offence under under Section 302 of
the IPC and was sentenced to undergo imprisonment for life.
2. This application is filed under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking interim bail for undergoing Ayurveda treatment
at Government Ayurveda Hospital, Thiruvananthapuram.
3. Sri. M.P.Madhavankutty, the learned counsel submitted that the
appellant suffered an injury on 17.11.2021 when he had fell down while painting
the wall of the Central Prison. As Allopathic treatment was not found effective,
the jail authorities provided the applicant with Ayurvedic treatment. It is
submitted that the concerned Doctor has suggested that the applicant to
undergo inpatient treatment at Government Ayurveda Hospital,
Crl.M.A.No. 2 of 2024 in Crl. A. 1376 of 2018 :2:
Thiruvananthapuram.
4. Serious objection is raised by the learned Public Prosecutor. It is
submitted that stating one reason or the other, applications were filed before this
Court and the sentence was suspended for the period from 22.01.2020 to
05.02.2020, 15.6.2020 to 12.09.2020, 07.12.2020 to 04.01.2021, 09.07.2021 to
23.09.2021, 27.06.2023 to 13.07.2023 and from 27.03.2024 to 07.04.2024 by
various orders issued by this Court. It is also submitted that during the review at
the Orthopedics O.P. at Govt. MCH on 06.09.2023, the applicant had complained
about a fall a month back. The Orthopedician advised exercises for his spine
along with oral medications, if required for his symptoms and no further
orthopedic follow-ups were suggested. Later, the appellant submitted a request
on 19.09.2023 to the Superintendent to shift the modality of treatment from
modern medicine to Ayurveda. It is further submitted that prompt treatment is
being provided by the Ayurveda Doctor at jail and records to that effect are also
made available.
5. We have considered the submissions advanced.
6. Having regard to the facts presented, we do not think that the
applicant has made out a case for grant of interim bail for securing Ayurvedic
treatment. As noted by this Court in the order dated 28.03.2022, several
Crl.M.A.No. 2 of 2024 in Crl. A. 1376 of 2018 :3:
applications have been filed giving various reasons seeking interim suspension of
sentence. This is a case where a young man was murdered in a brutal and
barbaric manner.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
G. GIRISH,
JUDGE
PS/13/09/24
13-09-2024 /True Copy/ Assistant Registrar
