Noushar @ Kochumony vs State Represented By The Public Prosecutor

A.K.Jayasankaran Nambiar, J

The petitioner, who is the appellant in the Crl.Appeal has been convicted by the First Additional District and Sessions Judge, Kollam, under Section

302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.1,00,000/- in default of payment of fine as also to undergo simple

imprisonment for six more months and rigorous imprisonment for three years and to pay fine of Rs.25,000/- under Section 201 IPC and in default of

payment of fine to undergo simple imprisonment for three more months. He states that he is not medically fit and suffers from serious cardiac problem

and he requires to be released on interim bail so as to have a consultation with the Cardiologist who he had been consulting in the past.

The learned Public Prosecutor Smt.Ambika Devi, would submit, on instruction, that recent medical reports obtained from the Chief Medical Officer

attached to the Central Prison and Correctional Home, Thiruvananthapuram, based on the examination of the petitioner in the Medical College,

Thiruvananthapuram shows that the petitioner is clinically fit and is only required to take the medicines prescribed for his cardiac condition. The

learned counsel for the petitioner/appellant, however, would submit that his condition requires him to be treated as a person with co-mobidities in the

present pandemic scenario, and hence, he requires to be examined by the Cardiologist Dr. Syamaprasad, attached to the Sankar Hospital, Kollam for

safeguarding his health.

Taking note of the aforesaid submission of the learned counsel for the appellant as also the learned Public Prosecutor, we are of the view that the

interest of justice would be met by granting an interim bail and corresponding suspension of the sentence for a period of two weeks from the date of

release of the prisoner on the following terms and conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties to the satisfaction of the 1st Additional District and Sessions Court, Kollam.

(ii) The petitioner shall, on release, report to the Station House Officer, Kollam East Police Station, Kollam. He shall also intimate to the said officer the place of his

residence throughout the period during which he is on bail.

(iii) The petitioner shall remain within 10 K.M. radius of the Sankar Hospital, Kollam, during the entire period of two weeks of interim bail. On

expiry of the period of two weeks he shall report back to the Superintendent of Central Prison, Thiruvananthapuram.