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Supreme Court - Daily Orders

Muhammed Siraj @ Sirajudheen vs The State Of Kerala on 18 November, 2020

Author: Mohan M. Shantanagoudar

Bench: Mohan M. Shantanagoudar

                                                             1

      ITEM NO.14                      Court 12 (Video Conferencing)                   SECTION II-B

                                      S U P R E M E C O U R T O F           I N D I A
                                              RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 22606/2020

      MUHAMMED SIRAJ @ SIRAJUDHEEN                                                  Petitioner(s)

                                                            VERSUS

      THE STATE OF KERALA                                                           Respondent(s)

      (FOR ADMISSION and I.R. and IA No.108701/2020-EXEMPTION FROM FILING
      C/C OF THE IMPUGNED JUDGMENT and IA No.108704/2020-EXEMPTION FROM
      FILING O.T. and IA No.108700/2020-EXEMPTION FROM SURRENDERING
      WITHIN TIME)

      Date : 18-11-2020 These matters were called on for hearing today.

      CORAM :                HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                                               [IN CHAMBER]


      For Petitioner(s)                     Mr. Adolf Mathew, Adv.
                                            Mr. Sanjay Jain, AOR

      For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

The petitioner is sentenced to life imprisonment since he is convicted for the offence under Section 302 of the Indian Penal Code. He is lodged in Thiruvananthapuram prison. It is brought to the notice of this Court by learned counsel for the petitioner that the petitioner is on interim bail on certain grounds. The petitioner has filed an application for exemption from surrendering before the Thiruvananthapuram jail on the ground that the Signature Not Verified Thiruvananthapuram jail is infected with COVID-19. The reports are Digitally signed by GULSHAN KUMAR ARORA Date: 2020.11.18 16:25:03 IST Reason: called for by the High Court in a writ petition filed before it with regard to the health condition of the inmates. Thus, the 2 petitioner apprehends that in case the petitioner is incarcerated in Thiruvananthapuram jail, his health will be affected seriously. Such a submission cannot be accepted inasmuch as the petitioner can be shifted to certain other jail.

Therefore, I direct the jail authorities, Thiruvananthapuram to shift the petitioner to Central Prison, Viyyur for a period of about six months or till the things are normalised in Thiruvananthapuram Jail. Once the health conditions are normalised in Thiruvananthapuram Jail, the petitioner can be shifted back to the Thiruvananthapuram jail.

The application for exemption from surrendering stands rejected. The petitioner is directed to surrender before the concerned authorities immediately on expiry of the period of interim bail.

(GULSHAN KUMAR ARORA)                                        (R.S. NARAYANAN)
     AR-CUM-PS                                                 COURT MASTER