Surendran vs State Of Kerala
2022 Latest Caselaw 10218 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Thursday, the 15th day of September 2022 / 24th Bhadra, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 949 OF 2022
       SC 424/2015 OF ADDITIONAL SESSIONS COURT-IV,THIRUVANANTHAPURAM
PETITIONER/APPELLANT:

     SURENDRAN, AGED 59 , SON OF PADMANABHAN, SUNI BHAVAN, MUTHUVILA
     DESOM, KALLARA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT
     695608

RESPONDENT/RESPONDENT:

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


     Application praying that in      the circumstances stated therein the
High Court be pleased to stay          the operation of the Judgment in
S.C.No.424/2015 on the file of the    Court of Sessions , Thiruvananthapuram
Division dated 20.8.2022 , till the   disposal of the Criminal Appeal.


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



         p.t.o
                 A.BADHARUDEEN, J.
      -----------------------------------
       Crl.M.A.No.1/2022 in Crl.A.No.949/2022
      -----------------------------------
      Dated, this the 15th September, 2022


                          O R D E R

This is an application filed by the

appellant/accused to suspend sentence and to

grant bail to the appellant/accused where he was

convicted under Section 20(b)(ii)(B) of the NDPS

Act, and sentenced the appellant for a term of

one year and to pay a fine of Rs.10,000/- by the

Sessions Court.

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:

Crl.M.A.No.1/2022 in Crl.A.No.949/2022

i) Appellant/accused shall deposit 1 /3rd of fine amount imposed by the Sessions Court within two weeks from today.

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

Sd/-

A. BADHARUDEEN, JUDGE ww

15-09-2022 /True Copy/ Assistant Registrar