Kerala High Court
Omkari Venkitesh vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
CRL.M.A.NO.2/2022 IN CRL.A NO. 1112 OF 2022
SC 368/2019 OF ADDITIONAL SESSIONS COURT - II, KALPETTA, WAYANAD
APPLICANTS/APPELLANTS:
1. OMKARI VENKITESH, AGED 29 YEARS, S/O. CHINNANNA, ROYALAPPALLI,
KOTTAPPALLI P.O., NEAR CHENNOOR P.S., RAMAKUNDAM POLICE
COMMISSIONERATE, MANJARIYAN DISTRICT, TELANGANA, - 505215
2. RAVULA RAJESH AGED 26 YEARS S/O. RAJALINGAM, RAYALAPALLY,
KOTTAPPALLI P.S., RAMAKUNDAM POLICE COMMISSIONERATE, MANJARIYAN
DISTRICT, TELANGANA, - 505215
3. SADANANDAM RAYARUKULAM @SIVA AGED 52 YEARS S/O. SAMMI RAYARKULAM,
KHADLAKHANI PARTHI, SYAMPETT, VARANKAL DISTRICT, TELANGANA, - 506002
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 suspend the sentence imposed on the
applicants/appellants vide the judgment of guity conviction and sentence
in S.C.No.368 of 2019 on the files of the Court of Additional Sessions
Judge II,Kalpetta , dated 20-06-2022 and release the Applicants on bail ,
pending disposal of the above criminal appeal in the interests of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.VIJAYA BHANU (SR.),NIKITA J. MENDEZ,
P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, SRUTHY N. BHAT, RAHUL SUNIL,
SRUTHY K.K, , Advocates for the petitioner and of PUBLIC PROSECUTOR for
the respondent, the court passed the following:
p.t.o
V.G.ARUN, J.
============================
Crl.M.Appl No.2 of 2022
in
Crl.Appeal No.1112 of 2022
---------------------------
Dated this the 13th day of April, 2023
ORDER
Applicants are accused 1 to 3 in SC No.368 of
2019 of the Additional Sessions Court-II,
Kalpetta. The case originated from a crime
registered against the applicants and 2 others
alleging commission of offence under Section
20(b)(ii)(C) r/w 29 of the NDPS Act.
2. The trial court found the applicants and
the other accused guilty and thereupon,
convicted and sentenced the applicants for ten
years rigorous imprisonment and to pay a fine of
Rs.1,00,000/- each. This application is filed
seeking suspension of the applicants' sentence.
3. Learned Counsel submitted that the first
applicant's wife is all alone in the house and
Crl.M.Appl No.2 of 2022 in
Crl.Appeal No.1112 of 2022
she is sick. The second applicant stated that he
has old parents and a sister. The third applicant
has wife and three children and his wife is not
well. The applicants have no criminal
antecedents. The applicants want to visit their
village and make arrangements for the sustenance
of their family during their absence.
4. Learned Public Prosecutor opposed the
prayer for suspension of sentence pointing out
the huge amount of contraband involved and
gravity of the offence committed. The Public
Prosecutor also voiced an apprehension that if
the applicants are allowed to leave the State,
they may not return.
In view of the gravity of the offence
committed and quantity of contraband involved, I
am not inclined to suspend the sentence as such.
At the same time, considering the special
circumstance pointed out by the applicants, I
deem it appropriate to grant interim bail to the
Crl.M.Appl No.2 of 2022 in
Crl.Appeal No.1112 of 2022
applicants for a short period. Accordingly, the
following directions are issued;
(i) Execution of the sentence imposed on
the applicants shall be suspended for fifteen days
and the applicants enlarged on bail for the said
period on executing a bond for Rs.50,000/- (Rupees
fifty thousand only) each with two local sureties
each for the like amount.
(ii) The applicants shall file a statement
before the trial court containing their
residential address in Andhra Pradesh and name of
the Police Station within the limits of which they
will be residing.
(iii) On their release, the applicants
shall report before the Station House Officer of
the Police Station within the limits of which she
will be residing during bail period and intimate
that fact to the Superintendent of the Prison from
which she is released.
(iv) The applicants shall not get involved
Crl.M.Appl No.2 of 2022 in
Crl.Appeal No.1112 of 2022
in any offence while on bail and shall report back
to the Prison Superintendent, on or before expiry
of the 15 days.
Sd/-
V.G.ARUN
JUDGE
Scl/
13-04-2023 /True Copy/ Assistant Registrar
