CHAPPEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application submitted by the appellant/accused for suspending the sentence imposed upon her by the Additional Sessions Court (POCSO), Ernakulam in S.C.No.882 of 2017. The petitioner stands convicted under Sections 302 and 309 of Indian Penal Code (IPC) for committing murder of her son and thereafter attempting to commit suicide. The petitioner was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-.

(2.) The learned counsel for the petitioner points out that, her mother is not well and she requires the presence of the petitioner at least for a short period. We notice that on an earlier occasion, as per order dated 22.12.2020 in Crl.M.A.No.2 of 2020, the petitioner was granted interim bail for a period of two weeks when her mother was admitted to Stella Maria Hospital, Angamaly on 14.12.2020. On that occasion, the petitioner has duly complied with the conditions imposed as per the said order.

(3.) Apart from the above, The petitioner is also seeking the benefit of Rule 131 of the Criminal Rules of Practice. According to the learned counsel for the accused, the facts of this case, would justify invocation of the said provision. The said provision reads as follows: