Kasirajan vs State Of Kerala
2022 Latest Caselaw 6167 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MRS. JUSTICE MARY JOSEPH
         Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 78 OF 2022

           SC 470/2014 OF III ADDITIONAL SESSIONS COURT, KOLLAM

PETITIONER/APPELLANT:

     KASIRAJAN ,S/O.OCHATHEVAR ,AGED 44 YEARS, STREET NO.1, DOOR
     NO.01/115, VAPURANI P.O., MADURAI STREET, TAMIL NADU, PIN - 625 122.

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM - 682 031.
  2. STATION HOUSE OFFICER KOLLAM EAST POLICE STATION, KOLLAM DISTRICT -
     691 001.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed upon the
apellant/1st accused in    S.C.No.470/2014 on the file of III Addl.Sessions
Court,Kollam dated 29.10.2021 and release the petitioner on bail in the
ends of justice.



     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.S.ABHILASH, PRATHEESH.P, ANJANA
KANNATH, RENUKA VENU, FATHIMA MOHAN,SREEKUTTY.T.S Advocates for the
petitioner,and of the PUBLICE PROSECUTOR for the respondents, the court
passed the following:
                             MARY JOSEPH, J
              ----------------------------------------------
                        Crl.M.A.No. 01 of 2022
                                    in
                       Crl.Appeal No.78 of 2022
              -----------------------------------------------
                Dated this the 01st day of June, 2022


                               ORDER

This application is filed under Section 389(1) of the Code of

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

execution of sentence imposed by the judgment assailed in the

appeal. 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 on instructions submitted

that criminal antecedents are not reported against the petitioner.

According to him, the petitioner belongs to Tamil Nadu and if the

sentence is suspended and he is enlarged on bail, he could not be

procured later to execute the sentence.

3. This Court finds that during the trial stage also, the

petitioner was on bail and he has co-operated with the trial

proceedings without failure. In the above circumstances, this Court

is inclined to allow the application.

Crl.M.A.1/2022 in Crl.Appeal No.78 of 2022

Application stands allowed. Execution of the sentence imposed

on the petitioner by III rd Additional Sessions Court, Kollam (for

short 'the trial court') stands suspended and bail stands granted to

the petitioner on execution by him 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 on deposit of

Rs.50,000/- (Rupees Fifty thousand only) before the said court

towards the fine amount.

Sd/-

MARY JOSEPH JUDGE NAB

01-06-2022 /True Copy/ Assistant Registrar