Gurunadhan vs State Of Kerala
2023 Latest Caselaw 1239 Ker

Citation : 2023 Latest Caselaw 1239 Ker
Judgement Date : 18 January, 2023

Kerala High Court

Gurunadhan vs State Of Kerala on 18 January, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Wednesday, the 18th day of January 2023 / 28th Pousha, 1944
                CRL.M.APPL.NO.1/2023 IN CRL.A NO. 13 OF 2023
     SC (NDPS) 51/2020 OF SPECIAL COURT FOR NDPS ACT CASES, THODUPUZHA

PETITIONER/APPELLANT:


     GURUNADHAN, AGED 62 YEARS,
     S/O. KARUPPATHEVAR, HOUSE NO. 2, WARD NO. 1, ALLIGUNDAM PANCHAYATH,
     ALLIGUNDAM VILLAGE, USILAMPETTY TALUK, MADHURAI DISTRICT, TAMIL
     NADU, PIN - 625532.

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
against the petitioner in S.C.(NDPS) 51/2020 on the file of the Court of
the Special Judge for NDPS Act Cases, Thodupuzha and release the
petitioner on bail pending the disposal of the above Criminal Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI DOMSON J.VATTAKUZHY, Advocate for
the petitioner and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:




                                                                   P.T.O.
                        A.BADHARUDEEN, J.

       --------------------------------------------------------
                       Crl.M.A.No.1 of 2023
                                    IN
                     Crl.Appeal No.13 of 2023
       --------------------------------------------------------
           Dated this the 18th day of January, 2023


                              ORDER

Crl.M.A.No.1 of 2023

This is an application filed by the

appellant/accused to suspend sentence and to grant

bail to the appellant, who is the accused in

SC(NDPS)No.51 of 2020 on the file of the Special

Court for NDPS Act cases, Thodupuzha, where he was

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

Drugs and Psychotropic Substances Act, and sentenced

the appellant for a term of four years and to pay a fine

of Rs.50,000/- by the Special Court for NDPS Act

cases.

2. Heard the learned counsel for the Crl.M.A.No.1 of 2023 IN

Crl.Appeal No.13 of 2023 ..2..

appellant/accused as well as the learned Public Prosecutor.

3. The learned Public Prosecutor submitted

that no criminal antecedents reported in relation to the

petitioner. Going through the judgment, at par with the

arguments advanced, the appellant has certain points to

argue. Therefore, there is no reason to disallow the

application and, therefore, this petition to suspend the

sentence and grant of bail is allowed on the following

conditions:

i) The appellant/accused shall deposit half of fine amount imposed by the Special Court for NDPS Act cases, Thodupuzha within two weeks from today.

ii) The appellant/ accused after deposit of the amount shall be released on bail on executing bail bond for a sum of Rs.60,000/- each by the appellant/accused with two solvent sureties 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 during the currency of the bail and any such involvement is a reason to cancel the bail hereby granted.