Vipin vs State Of Kerala

Petitioner was the 4th accused in S.C.No.990 of 2009 of the Principal Assistant Sessions Court, Thrissur, and was convicted and sentenced for the offences under Sections 143, 147, 148, 324 and 308 read with 149 of IPC. Aggrieved, the petitioner preferred an appeal and as per Annexure A1 judgment dated 23.10.2020, the First Additional Sessions Court, Thrissur allowed the appeal in part and acquitted the petitioner of the offences, other than those punishable under Sections 147, 148 and 324 of IPC. Considering the age and circumstances of the accused and nature of the case, the appellate court ordered to release the petitioner and others on probation of good conduct, on their executing a bond for Rs.50,000/- with two sureties for the like sum.

It is submitted that the petitioner was a student when the incident occurred and after much effort, he secured a job in a private Company at Riyadh in July, 2019 and is continuing at Riyadh. Though the petitioner requested his employer for leave, so as to comply with the condition in the appellate judgment, it was informed that he will have to either quit the job or wait for one year, till he becomes entitled for holidays. Moreover, under the prevailing circumstances, normal travel facility is not available and it is impossible for the petitioner to travel to Kerala and to return to his work place immediately. Therefore, the petitoiner submitted Annexure 2 application seeking four months time for executing the bond as directed in Annexure A1. By Annexure A3 order, the appellate court allowed the applicatoin in part and granted one month's time from the date of order (24.11.2020) for complying with the direction.

The learned counsel for the petitioner submits that under the prevailing circumstances, it is almost impossible for the petitioner to travel from Saudi Arabia to Kerala. Further, the petitioner will have to quit his job if he is forced to leave his work place before 31.3.2021. It is therefore, requested that the time limit fixed in Annexure A1 may be extended by four months or at least till 31.3.2021.

No doubt, the petitioner is bound to comply with the direction in Annexure A1, if he is to get the benefit of the judgment. But, this Court cannot turn a blind eye towards the difficulties being faced by the people at large in the prevailing due to the pandemic situation. Hence, it is only appropriate to grant the petitioner, reasonable time for complying with the direction in Annexure A1.

In the result, the Crl.M.C is allowed. The time for compliance of the directions in Annexure A1 is extended till 31.3.2021