Noushad vs State Of Kerala

Mary Joseph, J

This petition is filed seeking to suspend the sentence imposed in S.C.No.530/2009 by the Fast Track Special Judge, Kozhikode. The petitioner is the

9th accused in the above case and stands convicted and sentenced under Sections 373 and 376 of IPC, which is an offence involving seriousness. The

learned Public Prosecutor opposed the suspension petition vehementally. The Public Prosecutor submitted that a bare reading of the facts of this case

itself will reveal the seriousness involved in the case. The Public Prosecutor submitted that if the petitioner is released on bail, serious consequences

will be followed.

Vide order passed by a Single Bench on 14.05.2021 in Crl.M.A.No.1 of 2021 interim bail was granted to a co-convictee in S.C.No.530 of 2009

pending on the files of the Fast Track Special Court, Kozhikode. The petitioner in the case on hand being in the same pedestal, facing the impact of

the recent outbreak of the second wave of Covid-19 pandemic, on the principle of parity, this Court is inclined to extend the benefit of the order also to

him. Some period is already over. Therefore, this Court is inclined to issue an order modifying the date of commencement of bail to 04.06.2021.

Accordingly, the sentence imposed on the petitioner stands suspended and bail stands granted to the petitioner for a period from 04.06.2021 to

13.07.2021, subject to following conditions:

1)The petitioner shall execute a bond for Rs.1,00,000/-(Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

2) The petitioner shall furnish his residential address and contact number to the trial court, as well as to the Station House Officer, within 3 days from the date of his

release from the jail.

3) The petitioner shall not directly or indirectly make any inducement or threat to the victim or other witnesses to be examined in the case.

4) The petitioner shall not commit any criminal offences during the above period.

5) The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government about the COVID-19 pandemic.

6) If any of the above conditions are violated, the prosecution is at liberty to file a petition seeking cancellation of the order.

Suspension petition can be considered in detail at a later point of time. The conduct of the petitioner during the above period can be monitored by the

Investigating Officer and the Jurisdictional Probation Officer. The Prosecutor shall communicate the officers concerned, about this order.

The Registry shall issue a copy of this order to the Public Prosecutor, who shall forward the same to the Investigating Officer and Jurisdictional

Probation Officer.