Sajan Samuel vs State Of Kerala
2021 Latest Caselaw 23397 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MRS. JUSTICE MARY JOSEPH
   Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
           CRL.M.APPL.NO.2/2021 IN CRL.A NO. 482 OF 2021
 SC (NDPS) 33/2018 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA,
                               IDUKKI
PETITIONER/ACCUSED NO.4:
    VIMAL RADHAKRISHNAN, AGED 24 YEARS, S/O RADHAKRISHNAN,
    PANACHAYIL HOUSE, KOLANY KARA, THODUPUZHA TALUK, THODUPUZHA,
    IDUKKI DISTRICT,KERALA-685 608
RESPONDENTS/STATE/APPELLANT NO.1:
  1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF
    KERALA, ERNAKULAM-682 031.
  2. SAJAN SAMUEL, AGED 38/17, S/O SAMUEL JOSHWA, PARASSERIL
    HOUSE, ERUMAPRA KARA, MELUKAVUMATTOM P.O.MELUKAVUMATTOM
    VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT 686652


            Application praying that in the circumstances stated

therein the High Court be pleased to suspend and stay the

execution of sentence imposed on the Petitioner vide order dated

16.02.2021 in S.C.(NDPS) No. 33/2018 passed by the Court of the

Special Judge for NDPS Act Cases, Thodupuzha in the interest of

justice.



            This Application coming on for orders upon perusing

the application and upon hearing the arguments of RENJITH

B.MARAR, LAKSHMI.N.KAIMAL, ARUN POOMULLI, SURABHI SANTHOSH,

MEERA M., SRILAKSHMI NAIR R, BALASUBRAMANIAM R., Advocates for

the petitioner and of PUBLIC PROSECUTOR     for the Respondent 1

and of P.K.VARGHESE, P.S.ANISHAD, K.R.ARUN KRISHNAN, P.T.MANOJ,

T.M.SUDHEER, SANJANA RACHEL JOSE, REGHU SREEDHARAN, advocates

for the Respondnent 2, the court passed the following:


    (PTO)
                               MARY JOSEPH, J.
                  =============================
                         Crl.M.A Nos.1 & 2 of 2021
                                      in
                            Crl.A No.482 of 2021
                   =============================
                 Dated this the 25th day of November, 2021


                                 ORDER

C.M.Appln. No.1 of 2021 :

This is an application seeking to suspend the execution of the

sentence assailed in this appeal. The applicant is the first accused. It is

submitted by the learned Public Prosecutor that another crime was

registered against him and in that prosecution, the petitioner was

directed to pay the fine amount. The petitioner has paid the fine also.

Therefore, this Court is inclined to allow the application. The execution

of the sentence imposed by the judgment assailed is suspended on

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

solvent sureties for the likesum and also on deposit of Rs.40,000/-

(Rupees forty thousand only) towards the fine amount, before the trial

court.

Crl.M.A No.2 of 2021 :

This is an application seeking to suspend the execution of the

sentence assailed in this appeal. The applicant is the fourth Crl.M.A Nos.1 & 2 of 2021

accused. It is reported by the learned Public Prosecutor that the

quantity of Ganja involved is only 1.05 kg and that criminal

antecedents are not pending against the petitioner. In the abovesaid

circumstances, this Court is inclined to allow the application. The

sentence imposed by the judgment under challenge is suspended on

execution by the petitioner of a bond for Rs.1,00,000/- (Rupees one

lakh only) with two solvent sureties for the likesum and also on deposit

of Rs.40,000/-(Rupees forty thousand only) towards the fine amount,

before the trial court.

sd/-

MARY JOSEPH,

JUDGE

amk

25-11-2021 /True Copy/ Assistant Registrar