Syanu Chacko @ Shanu vs State Of Kerala

Ziyad Rahman A.A., J

This application is submitted by the 1st appellant who is the 1st accused in S.C.No.381 of 2018 on the file of the Sessions Court, Kottayam. He was

found guilty along with the other accused persons for the offences punishable under Sections 364A, 302, 506(ii) and 120B of the Indian Penal Code

and the sentence imposed upon the petitioner includes life imprisonment as well.

In this application, the petitioner is seeking suspension of the sentence imposed upon him for a period of six weeks as his father is undergoing

treatment as an inpatient in Vijaya Hospital, Kottarakkara. According to him, at the moment, the father is in I.C.U and his presence is, therefore,

urgently required.

The learned Public Prosecutor opposes the said application. A statement was also filed by him after enquiring about the medical condition of the

father of the petitioner through the Dy.SP, Kottarakkara. On the basis of the said statement and also on getting further instruction from the concerned

officer, learned Public Prosecutor submits that even though the father of the petitioner was in I.C.U, today he has been shifted to a room and as per

the report they could obtain from the hospital, the health condition of the father of the petitioner is stable. In such circumstances, he prays for dismissal

of the above application considering the gravity of the offences for which he was found guilty.

It is true that, the petitioner is found guilty for a serious offence and is undergoing life imprisonment. Even though, we are not inclined to grant the

relief sought by the petitioner by suspending the sentence for a period of six weeks as sought for by him, we feel it appropriate to grant him an

opportunity to meet his father and spend a reasonable time with him.

In such circumstances, this application is allowed and the sentence imposed upon him as per the judgment in S.C.No.381 of 2018 by the Sessions

Court, Kottayam is hereby suspended for a period of one week 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 each 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 day;

iii) On the date on which one week 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.