[email protected] vs State Of Kerala
2022 Latest Caselaw 12190 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1119 OF 2022
      SC 73/2017 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA, IDUKKI
PETITIONER/APPELLANT:

     [email protected] AGED 29 YEARS S/O PALANISWAMI, HOUSE NO. 217,LV
     WARD, KANTHALLORE GRAMA PANCHAYATH, PUTHOOR GRAMA KARA, KANTHALLORE
     VILLAGE, DEVIKULAM THALUK, IDUKKI DISTRICT PIN - 685613

RESPONDENT/RESPONDENT:

     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, ERNAKULAM, PIN - 682031

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence passed in
SC 73/2017 by the learned Special Court for NDPS ACt Cases,Thodupuzha
dated 29th day April 2022,till the disposal of the appeal,in the interest
of justice.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of N.K.SHYJU, GIREESH PANKAJAKSHAN, ANANYA
M., VISHNU MOHAN, Advocates for the petitioner and PUBLIC PROSECUTOR for
the respondent, the court passed the following:
                          A.BADHARUDEEN, J.
                      -----------------------------------
                         Crl.M.A.No.1 of 2022
                                      in
                         Crl.A.No.1119 of 2022
                      -----------------------------------
                  Dated, this the 22nd December, 2022


                               ORDER

This is an application filed by the appellant/accused No.2, to

suspend sentence and to grant bail to the appellant/accused where he

was convicted under Section 20(b)(ii)(B) and 29 of the NDPS Act, and

sentenced the appellant to undergo rigorous imprisonment for a period

of four years and to pay a fine of Rs.1,00,000/-, by the Special Court for

NDPS Act Cases, Thodupuzha.

2. Heard the learned counsel for the

petitioner/appellant/accused as well as the learned Public Prosecutor.

3. Going through the judgment, at par with the arguments

advanced, the appellant has an arguable case. Therefore, there is no

reason to disallow the application and, therefore, the petition to suspend

the sentence is allowed on the following conditions:

i) Appellant/accused shall deposit 50% of fine amount imposed by the Special Court within two Crl.M.A.No.1/2022 in Crl.A.No.1119/2022

weeks from today.

ii) The appellant/accused after deposit of the amount shall execute bail bond for a sum of Rs.60,000/- with two solvent sureties each to the satisfaction of the Special Court, within a further period of one week.

iii) The appellant/accused shall not involve in any other crimes and any such involvement if reported or came to the knowledge of this Court, the same is a reason to cancel this order/suspending sentence and consequential cancellation of bail hereby granted.

Sd/-

A. BADHARUDEEN, JUDGE Bb

22-12-2022 /True Copy/ Assistant Registrar