LAWS(KER)-2025-4-52

SHYNA Vs. STATE OF KERALA

Decided On April 11, 2025
Shyna Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is the wife of Mr. Roopesh, a convict, who has been undergoing sentence in Central Prison, Viyyur, from 12/4/2024 onwards.

(2.) The convict was the 1st accused in S.C.No. 3 of 2016 of the Special Court for the trial of NIA Cases, Ernakulam (for short, the trial court), which arose out of Crime No.142 of 2014 of Vellamunda Police Station. He was formally arrested in Crime No. 142 of 2014 on 9/7/2015 while he was undergoing judicial custody in another crime. After his formal arrest on 9/7/2015, he was undergoing pre-trial detention till he was sentenced in S.C.No. 3 of 2016 on 12/4/2024.

(3.) The convict faced trial for the offences punishable under Ss. 120B, 124A, 143, 147, 148, 149, 427, 435, 452 and 506(ii) of IPC, Sec. 25 of the Arms Act, 1959 and Ss. 10, 13, 16, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967. After trial, the trial Court convicted him for the offences punishable under Ss. 120B, 143, 147, 148, 149, 427, 435, 452 and 506 (ii) of IPC, and Ss. 16, 18, 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967. He was sentenced to various terms of imprisonment and fine with default sentences as per the judgment of sentence dtd. 12/4/2024. He was allowed set-off for the period from 9/7/2015 to 11/4/2024. The judgment also directed the substantive sentences to run concurrently.