Arun Sukumaran vs State Of Kerala

Ziyad Rahman A.A., J

This is an application submitted by the petitioner seeking suspension of sentence imposed upon him by the Additional Sessions Court-VII,

Ernakulam in S.C. No.560 of 2012. The petitioner herein is the 2nd accused in the above case. He stands convicted and sentenced for imprisonment

for life and to pay a fine of Rs.2 lakhs for the offences punishable under Section 302 r/w Section 34 of the Indian Penal Code (IPC) and rigorous

imprisonment for 10 years and to pay a fine of Rs.1 lakh for the offences punishable under Section 394 r/w. Section 34 of IPC.

The petitioner points out that he is suffering from hydronephrosis with parachymal thinning and he is in treatment in Government Medical College

Hospital, Thrissur. To substantiate the same, he produced Annexure A1 medical certificate issued from the Government Medical College Hospital,

Thrissur. He also points out that, his father is suffering from Type II diabetes Mellitus and is currently bedridden. His father is also having difficulty in

breathing and his health condition is getting deteriorated. Due to ill-health, he requires the presence of the petitioner atleast for some time.

We notice that on 25.01.2021, the petitioner was granted interim bail for a period of 14 days on the reason of ill-health of his father. All the

conditions imposed by this Court for releasing the petitioner on interim bail have been duly complied with by the petitioner.

Considering all the relevant aspects and also taking into account the due compliance of the conditions imposed by this Court on earlier occasion, we

deem it appropriate to grant the relief to the petitioner. Accordingly, this petition is allowed and the sentence passed against the petitioner in S.C.No.

560 of 2012 by the Additional Sessions Courtâ€"VII, Ernakulam is hereby suspended for a period of one month subject to the following conditions:

i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum to the

satisfaction of the trial court;

ii) From the date of his release, he shall report before the SHO concerned between 10.00 and 11.00 a.m on every Monday;

iii) On the date of which one month period expires, he shall report before the Superintendent, Central Prison concerned at 10.00 a.m.;

iv) He shall not involve in any offence while on bail;

v) If the conviction and sentence of the petitioner/appellant is upheld or even modified, the time during which he is so released shall be excluded in computing the

term of his sentence as provided in Section 389(4) Cr.P.C.