IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
CRL.M.APPL.NO.2/2022 IN CRL.A NO. 647 OF 2022
SC 563/2015 OF I ADDITIONAL SESSIONS COURT ,THRISSUR
PETITIONER/APPELLANT/ACCUSED:
SIMON ,AGED 52, YEARS S/O VARGHESE, PALLIPPADAN VEETTIL, PAMBOOR
DESOM, KUTTUR VILLAGE, THRISSUR TALUK.
RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
STATE OF KERALA STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence imposed on
the petitioner/appellant in the judgment of the I Additional Sessions
Judge , Thrissur in S.C No.563 of 2015 dated 19.05.2022 pending final
disposal of the above Criminal Appeal , in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI. BINU PAUL, Advocate for the
petitioner, and of the PUBLIC PROSECUTOR for the respondent , the court
passed the following:
P.T.O
MARY JOSEPH, J
------------------------------------
Crl.M.Appl.No.2 of 2022
in
Crl.A No. 647 of 2022
-------------------------------------------------
Dated this the 06th day of July, 2022
ORDER
Crl.M.A.No.2 of 2022 This is an application filed under Section 389 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to suspend the execution of the sentence imposed on the petitioner by the judgment assailed in the appeal on hand. The petitioner was convicted for an offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
2. The learned Public Prosecutor was directed to obtain instructions regarding the criminal antecedents of the petitioner. The learned Public Prosecutor on instructions submitted that criminal antecedents are not pending against the petitioner under the NDPS Act. In the above circumstances, the application is allowed. Execution of the sentence imposed by the judgment assailed in this appeal stands suspended on execution by the Crl.M.Appl.No.2 of 2022 in Crl.A No. 647 of 2022 2 petitioner of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the trial court and also on depositing Rs.50,000/- (Rupees fifty thousand only) towards the fine amount.
Sd/-
MARY JOSEPH JUDGE SMA 06-07-2022 /True Copy/ Assistant Registrar