Kerala High Court
M.Kalesh vs State Of Kerala on 7 October, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 7th day of October 2022 / 15th Aswina, 1944
CRL.M.APPL.NO.2/2022 IN CRL.A.NO.1068 OF 2019
SC NO.334/2011 OF THE ADDL. SESSIONS COURT - III, THALASSERY
APAPPLICANT/APPLICANT/2ND APPELLANT/5TH ACCUSED:
P.K.SHYJESH @ SHYJU, AGED 39 YEARS,
S/O. POYILI MUKUNDAN,
OORANGOTTU MEETHAL HOUSE,
THIRUVANGAD AMSOM,
KUTTIMAKKOOL, KANNUR -670 103.
RESPONDENT/RESPONDENT/RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM -682031.
Application praying that in the circumstances stated therein the
High Court be pleased to extend the interim bail granted to the applicant,
for such period as this Hon'ble Court may deem fit, so as to secure the
ends of justice.
This Application coming on for orders upon perusing the application
and this Court's order dated 27/7/22 in Crl.M.A 1/22 in the appeal and
upon hearing the arguments of M/S. P.VIJAYA BHANU (SR.), SRI.P.P.IRFAN,
SRI.K.VISWAN, SRI.P.M.RAFIQ, SRI.V.C.SARATH, SRI.M.REVIKRISHNAN,
SRI.AJEESH K.SASI, SRI.VIPIN NARAYAN, SRI.THOMAS J.ANAKKALLUNKAL,
SMT.SRUTHY N. BHAT Advocates for the petitioner and of the PUBLIC
PROSECUTOR for the respondent, the court passed the following:
p.t.o.
ALEXANDER THOMAS & SOPHY THOMAS, JJ.
==================
Crl.M.Appln. No. 2 of 2022
in
Crl.M.Appln. No. 1 of 2022
in
Crl.A.No.1068 of 2019
[arising out of the impugned judgment dated 26.07.2019 in S.C. No.334 of
2011 on the files of the Additional Sessions Court-III, Thalassery]
==================
Dated this the 7th day of October, 2022
ORDER
This is an application for direction to extend the interim bail granted to the appellant, for such period as this Court may deem fit and proper in order to enable the petitioner to have further medical follow-up and bed rest for a few more days. On the previous occasion, we had requested the learned Prosecutor to get instructions from the prison authorities and the medical authorities concerned about the present health of the petitioner. Now, the Superintendent of Central Prison & Correctional Home, Kannur has given a report dated 29.09.2022 along with the Medical History Record, certified by the Medical Officer, Central Prison & Correctional Home, Kannur. The relevant contents of the above said report dated 29.09.2022 submitted by the Superintendent, Central Prison & Correctional Home, Kannur, read as follows:
"I may submit that the petitioner C 518/19 Shyjesh Crl.M.A.2/2022 in Crl.M.A.1/2022 in Crl.A.1068/2019
- : 2 :-
was convicted and sentenced to undergo R.I for Life and to pay fine of Rs.100000 i/d 6 months u/s.302 IPC, R.I. for 3 months u/s.143 IPC, S.I. for 1 month u/s.341 r/w 149 IPC, R.I for 5 years and pay fine of Rs.1oooo i/d 3 months u/s.450 IPC, R.I for 3 months u/s 147 IPC (Concurrently) in SC 334/2011 by the Honb'le (sic) Additional District Sessions Judge III, Thalassery and admitted in this prison on 26-07-2019 as C 518/19. The petitioner was released on 90 days Special Emergency leave on 10.05.2021. Due to Covid pandamic suitation (sic), his leave was extended by the Government and by the Hon'ble Supreme court of India till 12-05-2022. After leave he was supposed to surrender on 12-05-2022, but while in leave(parole) he met with an accident and sustained head injury and admitted on Co-op Hospital, Thalassery and readmitted in this prison on 08-
06-2022. After readmitting in this prison from leave, he was lodged in Jail Hospital Block and was continuing further treatment from Govt. Medical College, Pariyaram. As per the direction of Hon'ble High court of Kerala, the petitioner's medical report was submitted before the court and on the basis of this report the Hon'ble court granted interim bail for 7 weeks. The petitioner was released on interim bail for 7 weeks on 30-07-2022 and readmitted in this prison on 18-09.2022.
The Latest Medical report of C 518/19 Shyjesh s/o.Mukundhan received from Govt Medical College Superintendent, Pariyaram is enclosed here with for further and necessary action."
2. The Medical History Record dated 30.09.2022, certified by the Medical Officer, Central Prison & Correctional Home, Kannur, reads as follows:
" MEDICAL HISTORY RECORD Name : SHYJESH Father's Name : MUKUNTHAN CONVICT NO. : 518/19 Crl.M.A.2/2022 in Crl.M.A.1/2022 in Crl.A.1068/2019
- : 3 :-
Age : 39 yrs.
The above said prisoner Shyjesh, Age:39yrs was last seen by Neurosurgeon at MCH, Kannur on 28.09.2022.
The Neurosurgeon has recorded that the CSF Leak has stopped and no regular follow-up on OPD basis was needed at present. Shyjesh has not been advised bed rest by Neurosurgeon at present. Facilities for bed rest is available at Jail Hospital.
(seal)
Date:30/09/2022 Sd/-
Medical officer
Central Prison & Correctional Home, Kannur."
3. The Medical Report dated 28.09.2022, certified by the Assistant Professor, Department of Neuro Surgery, Government Medical College, Kannur and the Superintendent, Government Medical College Hospital Kannur, Pariyaram, has also been furnished to us and the same reads as follows:
"No.MS4/L/41/98 Date:28.09.2022 Medical Report of Mr.Shyjesh.
Mr.Shyjesh, 39 Yrs old patient was treated under Department of Neuro Surgery as inpatient on 16.07.2022. He complained of watery, discharge from nose. He was evaluated with imaging study namely CT Cisternography. He is a case of CSF Rhinorrhea, status post trauma frontal sinus. He was advised bedrest for 6 weeks on 21/07/2022. Now he came to our OPD for follow up. His CSF leak is stopped. No regular follow up on OPD basis is needed now. Review as and when Crl.M.A.2/2022 in Crl.M.A.1/2022 in Crl.A.1068/2019
- : 4 :-
required.
Sd/-
Dr. Unnikrishnan E.P., Assistant Professor, Department of Neuro Surgery. Reg No.32555. Sd/-
Superintendent GMCH KANNUR PARIYARAN(sic)-670 503 ."
4. The above said Medical Records, now made available, would clearly show that the applicant was examined by the Neurosurgeon at Medical College Hospital, Kannur on 28.09.2022 and the Neurosurgeon has recorded that the CSF Leak has stopped and no regular follow-up, on OPD basis, was needed at present and that the applicant has not been advised bed rest by the Neurosurgeon at present and that the facilities for bed rest are available at the Jail Hospital. Further, the Medical Report of the Neuro Surgery Department of the Government Medical College Hospital would also show that earlier the applicant was advised bed rest for six weeks on 21.07.2022 and he later came to the OPD of the Government Medical College Hospital for follow-up and that now his CSF leak has stopped and no regular follow-up on OPD basis is needed and review may be Crl.M.A.2/2022 in Crl.M.A.1/2022 in Crl.A.1068/2019
- : 5 :-
made as and when required. In the light of these aspects, the above said pleas of the applicant need not be entertained by us. However, it is ordered that the Superintendent of the Jail shall ensure that the prison Doctor regularly, medically examines the applicant, and after contacting the Government Medical College Hospital, Kannur, if review is required, then necessary steps to get him examined by the Government Medical College Hospital, Kannur may also be facilitated, if necessary.
With these observations and directions, the above Crl.M.A. will stand dismissed. Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
SOPHY THOMAS, JUDGE DSV 07-10-2022 /True Copy/ Assistant Registrar