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Kerala High Court
N. Balakrishnan Nair vs Central Bureau Of Investigation on 22 May, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.811 OF 2024
CC 5/2015 OF THE SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM
APPLICANTS/APPELLANTS:
1. N. BALAKRISHNAN NAIR, AGED 52 YEARS, S/O. K.P. NARAYANAN NAIR, THEN
THE ACCOUNTANT, SCALE-I, DENA BANK, KOLLAM BRANCH, R/O. NARAYANA
MANDIRAM, OLAYIL,THEVALLY POST, MALAYZI SABHA LANE, KOLLAM, PIN -
691009.
2. SINDHU K.M., AGED 49 YEARS, W/O BALAKRISHNAN NAIR, NARAYANA
MANDIRAM, OLAYIL, THEVALLY POST, MALAYAZI SABHA LANE, KOLLAM -691
009 NOW RESIDING AT 'KAIPPAYIL PUTHEN VEEDU', IDAYIRICKAPUZHA
P.O., KANGAZHA VILLAGE, KOTTAYAM DISTRICT, PIN - 686541.
RESPONDENTS/RESPONDENTS:
1. CENTRAL BUREAU OF INVESTIGATION, THROUGH THE SPECIAL PROSECUTOR FOR
CBI, HIGH COURT OF KERALA, ERNAKULAM, KOCHI , PIN - 682031.
2. STATE OF KERALA REPRESENTED BY 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 sentence imposed on the petitioner in
C.C.No.5/2015 by the Special Court for CBI cases, Thiruvananthapuram vide
Judgment dated 15.05.2024, pending disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.C.UNNIKRISHNAN (KOLLAM), NIDHI
BALACHANDRAN, V.VENUGOPALAN NAIR, Advocates for the petitioners and of the
DEPUTY SOLICITOR GENERAL OF INDIA for the 1st respondent, the PUBLIC
PROSECUTOR for the 2nd respondent, the court passed the following:
P.T.O.
K.BABU, J.
------------------------------------
Crl.A.No.811 of 2024
&
Crl.M.A.No.1 of 2024
in
Crl.A.No.811 of 2024
------------------------------------
Dated this the 22nd day of May, 2024
ORDER
Admit.
2. The learned Public Prosecutor takes notice for the respondents.
Crl.M.A.No.1 of 2024
3. Heard both sides.
4. The petitioners are accused Nos.2 and 4. Petitioner No.1/accused No.2 has been convicted under Section 120-B read with Section 409, Section 120-B read with Sections 420, 468, 471 and 477-A of IPC and Section 13(2) read with Sections 13(1)(c) & 13(1)(d) of the Prevention of Corruption Act, 1988. Petitioner No.2/accused No.4 has been convicted under Section 120-B read with Section 409, Section 120-B read with Section 420 and Section 109 of IPC and Section 13(2) read with Sections 13(1)(c) & Crl.M.A.No.1 of 2024 in Crl.A.No.811 of 2024 2 13(1)(d) of the Prevention of Corruption Act, 1988. Petitioner No.1/accused No.2 has been sentenced to undergo various terms of rigorous imprisonment ranging from three years to seven years. Petitioner No.2/accused No.4 has been sentenced to undergo various terms of imprisonment ranging from six months to one year.
5. The learned Public Prosecutor opposed the application seeking suspension of sentence.
6. The disposal of the appeal is likely to take time. Having regard to the fact that the disposal of the appeal is likely to take time, this Court feels that execution of the sentence imposed on the petitioners is liable to be suspended. Therefore, the execution of the sentence imposed on the petitioners/appellants shall stand suspended and bail granted to them on the following conditions:
(i) The petitioners shall execute a bond for Rs.10,00,000/- (Rupees Ten Lakhs Only) each with two solvent sureties each for Crl.M.A.No.1 of 2024 in Crl.A.No.811 of 2024 3 the like sum to the satisfaction of the Trial Court.
(ii) The petitioners shall not involve in any other similar offences.
The operation of the account maintained by petitioner No.2/accused No.4 with Dena Bank, Kollam Branch shall remain frozen during the pendency of this appeal. The directions contained in paragraph No.425(7) of the impugned judgment shall be kept in abeyance.
Sd/-
K.BABU, JUDGE KAS 22-05-2024 /True Copy/ Assistant Registrar