Kolakkadan Noushad vs State Of Kerala
2021 Latest Caselaw 12728 Ker

CRL.A No.167/2021                                     1/1

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                             THE HONOURABLE MRS. JUSTICE MARY JOSEPH
                        Thursday, the 3rd day of June 2021 / 13th Jyaishta, 1943

                               CRL MA. NO.1/21 in CRL.A NO. 167 OF 2021

                    S.C.No.530 of 2009 of the the Fast Track Special Court, Kozhikode .

   PETITIONER/APPELLANT

          KOLAKKADAN NOUSHAD, AGED 45 YEARS, S/O.KOLAKKADAN MOOSA HAJI,
          GOSHALAPARAMBU HOUSE, POST CHERUVADY, VIA.MAVOOR, KOZHIKODE
          DISTRICT, PIN - 673 661.

   RESPONDENT/RESPONDENT

          STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, KOCHI - 682 031.


          Petition praying that in the circumstances stated therein the High Court be
   pleased to suspend the conviction and sentence as against the petitioner as per the
   judgement dated 23/2/2021 in Sessions Case No 530 of 2009 on the files of the Fast
   Track Specal Judge , Kozhikode,pending disposal of the above Criminal Appeal.

         This petition coming up for orders upon perusing the petition and upon hearing
   the arguments of M/S K.M.SATHYANATHA MENON, KAVERY S.THAMPI, Advocates for
   the petitioner and PUBLIC PROSECUTOR for the respondent, the court on the same day
   passed the following:

                                                  ORDER

This application is filed under Section 389(1) of the Code of Civil Procedure, by the 6th accused. He

has been convicted by the Fast Track Special Judge, Kozhikode by Judgment dated 23.02.2021 in

S.C.No.530 of 2009 and he is undergoing sentence in jail. He has moved this application seeking to

suspend the sentence.

The learned Special Public Prosecutor based on instructions submitted that the petitioner was

granted parole by the jail authority as per the recommendations of the High Power Committee and he is

enjoying the same from 14.05.2021. The total period parole is 90 days. In that event, this court is not

inclined to consider the application seeking suspension of the sentence at present.

Sd/-

                                                                     MARY JOSEPH

                                                                         JUDGE




03-06-2021                              /True Copy/                                        Assistant Registrar