Monday vs Madhavankutty
2021 Latest Caselaw 8551 Ker

Crl.M.Appl/1/2021 IN CRL.A 156/2021        1/2



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        Present:
                       THE HONOURABLE MR.JUSTICE V.G.ARUN

                Monday,the 15th day of March 2021/24th Phalguna, 1942
                           Crl.M.Appl/1/2021 IN CRL.A/156/2021
S.C.NO.719/2017 OF THE ADDITIONAL SESSIONS COURT-II, PALAKKAD.
    For information purpose only
PETITIONER/APPELLANT
      MADHAVANKUTTY,AGED 37 YEARS
      S/O.RAMAN, PUNNAPPADATHU HOUSE, CHETTIKKAD, PALLIKKUNNU
      P.O., MANNARKKAD , PALAKKAD DISTRICT.
RESPONDENT/RESPONDENT
      STATE OF KERALA,
      REPRESENTED BY 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 execution of the sentence including recovery of the fine
amount passed in judgment dated 27.02.2021 in S.C.No.719/2017       on the files of
the Court of Addl. Sessions Judge-II, Palakkad, pending appeal.


       This petition coming on for orders upon perusing the petition and upon
hearing the arguments of M/S P.JAYARAM, GIGI PAPPACHAN, SARATH
CHANDRAN K.B., Advocates for the petitioner and the PUBLIC PROSECUTOR for
the respondent, the court passed the following
                                             V.G.ARUN, J.
                    ...................................................................
                                     Crl.M.A No.1 of 2021
                                                   In
                               Crl. Appeal. No. 156 of 2021
                   .....................................................................
                      Dated this the 15th day of March, 2021

                                             ORDER

For information purpose only The learned Public Prosecutor submits on instructions that no other

crime alleged commission of offences under Narcotic Drugs and Psychotropic

Substances Act, has been registered against the appellant. It is submitted that

the appellant is involved in a case alleging commission of offence under

Section 420 IPC. The learned counsel for the petitioner submits that the

petitioner was in custody for more than three months during the investigation

stage and has been continuing in custody for almost three weeks pursuant to

his conviction by the impugned judgment. The quantity of contraband involved

is 1.3750 K.gms. of ganja, which is more than small quantity but less than

commercial quantity. Taking into consideration, the quantity involved and the

report regarding antecedents, I deem it appropriate to suspend the execution

of the sentence imposed on the petitioner.

Execution of sentence imposed on the petitioner is suspended on

condition of the petitioner executing a bond for Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties for the like amount, to the

satisfaction of the trial court and on remittance of the fine imposed.

Sd/-

                                                                             V.G.ARUN
                                                                              JUDGE


SJ




                                                /true copy/               Sd/- ASSISTANT REGISTRAR