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2023 Supreme(Online)(Ker) 73661

KERALA HIGH COURT
, J
Pattakka Suresh Babu v. State of Kerala
S.C.No.421 of 2009



Important Points

The court facilitates online admission processes for a convicted individual pursuing education.

Subject

Criminal Law - Bail Applications

Headnote

The petitioner, convicted under multiple sections of the Indian Penal Code, sought bail for completing admission formalities for a 3-year LLB course. The Court noted that the college can facilitate online admission processes and granted directions for coordination with prison authorities. A future hearing date was set for further proceedings.

Advocates:
For the Appellants/Petitioners: Sri.Nandagopal S. Kurup
For the Respondents: Sri.E.C.Bineesh

Table of Content
1. convicted individual seeking bail for admission. (Para 1 , 2 , 3)
2. legal representation heard regarding application. (Para 4)
3. court observations on facilitating distance education. (Para 5)
4. directions issued for online admission process and future hearings. (Para 6)

1. The petitioner / appellant is the 9th accused in S.C.No.421 of 2009 on the files of the Sessions Court, Thalassery. He stands convicted and sentenced for the offences punishable under S.143, S.148, S.341, S.307 and S.302 read with S.149 of the Indian Penal Code. The sentence includes life imprisonment. He had already undergone 5 years of imprisonment. At present, he is serving sentence in Open Prison and Correctional Home, Cheemeni, Kannur.

2. The petitioner is a graduate in BA Economics. While undergoing the sentence in the above case, he successfully completed a distant education program in M.A. (Sociology) from Indira Gandhi National Open University. The petitioner, who is keen to continue his academic pursuit, appeared for entrance examination for LLB, and secured admission at the KMCT Law College, Kuttipuram, Malappuram, as evidenced from Annexure - A8.

3. The above application has been filed by the petitioner to enlarge him on bail for the purpose of completing his admission process and also for pursuing the LLB course.

4. We have heard Sri.Nandagopal S. Kurup, the learned counsel for the petitioner / appellant as also Sri.E.C.Bineesh, the learned Public Prosecutor for the respondent.

5. We sought the presence of the Controller of Examinations as also as the Principal of the KMCT Law College, Kuttipuram, Malappuram, to ascertain the feasibility of conducting the admission process and also pursuing the course through online mode without insisting the physical presence of the petitioner.

6. Today, the Controller of Examinations and the Principal of the KMCT Law College, Kuttipuram, Malappuram are present before us through video conference. Both of them stated that the admission process can be done through online mode, and they will make necessary arrangements for the same. The learned counsel for the petitioner submitted that the wife of the petitioner can be physically present at the College and submit all the necessary documents and also pay the necessary fees. So far as pursuing the course thereafter is concerned, the Principal submitted that she will consult with the College Authorities and make a proposal in the next hearing date. In the wake of the above submissions, we pass the following directions:

(i) The admission formalities of the petitioner / appellant to the 3 year LLB course at KMCT Law College, Kuttipuram shall be done through online mode tomorrow [07.10.2023] at 12.00 noon.
(ii) The Jail Superintendent, Open Prison and Correctional Home, Cheemeni, Kannur shall coordinate with the Principal of the KMCT Law College to make necessary arrangements for the video conference.
(iii) The wife of the petitioner shall be physically present at the KMCT Law College, at 12.00 noon with all necessary documents. She will also make necessary payment of fees. Subject to that, the petitioner shall appear through the video conferencing link for completing the admission formalities at the time stipulated above.

Post on 25.10.2023. On the said date, the Standing Counsel for the Calicut University shall be present before this Court. The Principal of the KMCT Law College shall also join through video conference on the above date. Show the name of the Standing counsel for the Calicut University in the cause title.

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