Citation : 2021 Latest Caselaw 8401 Ker
Judgement Date : 12 March, 2021
CRL.A 1232/2019 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
Friday,the 12th day of March 2021/21st Phalguna, 1942
Crl.M.Appl/1/2021 IN CRL.A/1232/2019
For information purpose only
SC (NDPS) No.65/2017 of the SPECIAL COURT FOR (NDPS ACT CASES),
THODUPUZHA
APPELLANT/APPELLANT
SURENDRAN P.R,AGED 53 YEARS
S/O.RAGHAVAN, PANIPRAYIL HOUSE, KONNATHADY, IDUKKI-685604.
RESPONDENT/RESPONDENT
DIRECTORATE OF REVENUE INTELLIGENCE
COCHIN ZONAL UNIT, VILAKUNNEL HOUSE, DOOR NO.40/552,
KAITHOTH ROAD, PALARIVATTOM, COCHIN-682025, REPRESENTED THE
SENIOR INTELLIGENCE OFFICER.
Petition praying that in the circumstances stated there in the High
Court be pleased to
i) suspend the sentence imposed upon the petitioner as per
judgment dated 29.08.2019 in S.C. (NDPS) No. 65/2018 passed by the Special
Court for NDPS Act Cases, Thodupuzha ; or
ii) release the petitioner on interim bail for a period of 3 months,
pending consideration of the Criminal Appeal, in the interest of justice.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of M/S LAIJU RAM KALLIDA, Advocate for the
petitioner and of M/S S.MANU, CGC, DIRECTORATE OF REVENUE
INTELLIGENCE KERALA REGIONAL UNIT, for the respondent, the court passed
the following:
CRL.A 1232/2019 2/4
PTO
For information purpose only
Dr.KAUSER EDAPPAGATH, J.
===================
Crl.M.A.No.1/2021
in
Crl.Appeal No.1232/2019
=======================
Dated this, the 12th day of March, 2021
For information purpose only
ORDER
The appellant, who is the 2nd accused in SC No.65/2017 on
the file of Special Judge for NDPS Act, Thodupuzha, seeks for
interim bail for three months to attend his daughter's marriage,
scheduled on 15/3/2021.
2. I heard the learned counsel for the petitioner as well as
the learned standing counsel for the respondent.
3. Learned standing counsel opposed the above
application.
4. It is true that the accused was found to be guilty by the
court below under Section 20(b)(ii)(C) of the Narcotic Drugs and
Psychotropic Substances Act, 1985. This court was not inclined to
suspend the sentence on an earlier occasion. However, considering
the fact that the marriage of daughter of the appellant is scheduled Crl.M.A.No.1/2021 in Crl.Appeal No.1232/2019
on 15/3/2021, I am of the view that, for the limited purpose of
attending the marriage, the petitioner can be released on bail for
For information purpose only ten days.
5. In the result, the following order is passed:-
(I) The petitioner shall be released on interim bail from
today (12/3/2021) till 22nd March, 2021, on the following
conditions:-
(i) That the petitioner shall execute a bond for
`2,00,000/- (Rupees Two lakhs only) with two solvent sureties
each for the like sum before the court below.
(ii) The petitioner shall appear before the local SHO on all
days, except on the date of marriage, between 4.00 p.m. and
5.00 p.m.
(iii) The petitioner shall appear before the court below on
22nd March, 2021 at 11 a.m.
(iv) The court below then shall send back the 2nd accused
to judicial custody
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE Rp
/true copy/ Sd/- ASSISTANT REGISTRAR
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