Simon vs State Of Kerala
2022 Latest Caselaw 8596 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH
          Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
               CRL.M.APPL.NO.2/2022 IN CRL.A NO. 647 OF 2022
           SC 563/2015 OF I ADDITIONAL SESSIONS COURT ,THRISSUR
PETITIONER/APPELLANT/ACCUSED:

     SIMON ,AGED 52, YEARS S/O VARGHESE, PALLIPPADAN VEETTIL, PAMBOOR
     DESOM, KUTTUR VILLAGE, THRISSUR TALUK.

RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:

     STATE OF KERALA STATE OF KERALA REPRESENTED BY THE 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 imposed on
the petitioner/appellant in the judgment of the I Additional Sessions
Judge , Thrissur in S.C No.563 of 2015 dated 19.05.2022 pending final
disposal of the above Criminal Appeal , in the interest of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI. BINU PAUL, Advocate for the
petitioner, and of the PUBLIC PROSECUTOR for the respondent , the court
passed the following:


                                                P.T.O
                              MARY JOSEPH, J
                        ------------------------------------
                        Crl.M.Appl.No.2 of 2022
                                       in
                        Crl.A No. 647 of 2022
                 -------------------------------------------------
                 Dated this the 06th day of July, 2022


                                   ORDER

Crl.M.A.No.2 of 2022

This is an application filed under Section 389 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to suspend the

execution of the sentence imposed on the petitioner by the

judgment assailed in the appeal on hand. The petitioner was

convicted for an offence punishable under Section 20(b)(ii)(B) of

the Narcotic Drugs and Psychotropic Substances Act, 1985 (for

short 'NDPS Act').

2. The learned Public Prosecutor was directed to obtain

instructions regarding the criminal antecedents of the petitioner.

The learned Public Prosecutor on instructions submitted that

criminal antecedents are not pending against the petitioner under

the NDPS Act. In the above circumstances, the application is

allowed. Execution of the sentence imposed by the judgment

assailed in this appeal stands suspended on execution by the Crl.M.Appl.No.2 of 2022 in Crl.A No. 647 of 2022

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

two solvent sureties each for the likesum to the satisfaction of

the trial court and also on depositing Rs.50,000/- (Rupees fifty

thousand only) towards the fine amount.

Sd/-

MARY JOSEPH JUDGE SMA

06-07-2022 /True Copy/ Assistant Registrar