Gireesh A. K vs State Of Kerala
2021 Latest Caselaw 17709 Ker

CRL.A No.555/2021                        1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                       THE HONOURABLE MRS. JUSTICE MARY JOSEPH
              Friday, the 27th day of August 2021 / 5th Bhadra, 1943
                  CRL.M.APPL.NO.1/2021 IN CRL.A NO. 555 OF 2021
         SC (NDPS)16/2018 OF SPECIAL COURT FOR NDPS ACT CASES, THODUPUZHA
   APPELLANT/ACCUSED:

          GIREESH A. K. AGED 50 YEARS S/O. KUNJUKUTTY, RESIDING AT AZHIMUGHA
          PUTHUPARAMBU HOUSE, MUTHUMOOLA KARA, VAZHAPPALLY, KIZHAKKE VILLAGE,
          CHANGANACHERRY, KOTTAYAM DISTRICT.

   RESPONDENT/COMPLAINANT:

      1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
         KERALA, ERNAKULAM - 682 031.
      2. THE EXCISE INSPECTOR , EXCISE RANGE OFFICE, PERUNNA, CHANGANACHERRY,
         KOTTAYAM - 686101.



            Petition praying that in the circumstances stated therein the High


   Court be pleased to suspend the execution of sentence imposed on the


   petitioner in S.C(NDPS) No.16/2018 by the Special Court for N.D.P.S Act


   Cases , Thodupuzha in the interest of justice.




          This petition coming on for orders upon perusing the petition and

   upon hearing the arguments of SRI. K.SHAJ, Advocate for the petitioner and


   the PUBLIC PROSECUTOR for the respondent, the court passed the following:



          P.T.O
 CRL.A No.555/2021                                2/2


                                      MARY JOSEPH, J
                             ======================
                                  Crl.M.A No.01 of 2021
                                             in
                                Crl.Appeal No.555 of 2021
                            =======================
                          Dated this the 27th day of August, 2021


                                                 ORDER

This is an application filed under Section 389(1) of the Code of

Criminal Procedure seeking to suspend the execution of the sentence. The

petitioner was found guilty and convicted and sentenced vide judgment in

S.C. (NDPS) No.16/2018 by the Special Court for NDPS Act cases,

Thodupuzha. Against the finding of guilt, order of conviction and sentence,

the petitioner has approached this Court in the appeal on hand and sought

the sentence to be suspended.

2. The learned Public Prosecutor has directed to obtain

instructions regarding antecedents of the petitioner. The learned Public

Prosecutor submitted orally that the petitioner has no criminal antecedents.

In the above circumstances, this Court is inclined to allow the

application. The sentence is suspended and bail stands granted to the

petitioner on execution of a bond for Rs.1,00,000/-(Rupees one lakh only)

with two solvent sureties each for the like sum to the satisfaction of Special

Court for NDPS Act cases, Thodupuzha and on deposit of Rs.50,000/-

towards the fine amount before the said court within one week.

                                                                      Sd/

                                                         MARY JOSEPH, JUDGE

          JJ/




27-08-2021                         /True Copy/                              Assistant Registrar