Madathil Medicals vs Regional Drugs Inspector
2023 Latest Caselaw 6419 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
           Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
             CRL.M.APPL.NO.2/2023 IN CRL.REV.PET NO. 643 OF 2023
CRA 241/2018 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI, MALAPPURAM
        CC 353/2015 OF CHIEF JUDICIAL MAGISTRATE ,MANJERI, MALAPPURAM
 APPLICANTS/REVISION PETITIONERS:

   1. M/S MADATHIL MEDICALS DOOR NO.XVI/514, COURT ROAD MANJERI,
      MALAPPURAM DISTRICT,PIN - 676 121 REPRESENTED BY ITS MANAGING
      PARTNER, K G IQBAL
   2. K G IQBAL, AGED 55 YEARS, S/O K G ABDURAHIMAN KONDENGADAN HOUSE,
      PAPPINIPPARA-PO MANJERI, MALAPPURAM DISTRICT., PIN - 676 517.
   3. K G MOHAMMED BASHEER, AGED 59 YEARS, S/O K G ABDURAHIMAN KONDENGADAN
      HOUSE, PAPPINIPPARA-PO MANJERI, MALAPPURAM DISTRICT., PIN - 676 517.
   4. K G ABDUL RASHEED, AGED 52 YEARS, S/O K G ABDURAHIMAN KONDENGADAN
      HOUSE, PAPPINIPPARA-PO MANJERI, MALAPPURAM DISTRICT., PIN - 676 517.
   5. K G NAJMUDHEEN, AGED 45 YEARS, S/O K G ABDURAHIMAN KONDENGADAN
      HOUSE, PAPPINIPPARA-PO MANJERI, MALAPPURAM DISTRICT., PIN - 676 517.

RESPONDENTS/RESPONDENTS:

   1. REGIONAL DRUGS INSPECTOR, OFFICE OF THE ASSISTANT DRUG CONTROLLER,
      KOZHIKODE., PIN - 679 333.
   2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
      KERALA, ERNAKULAM, PIN - 682 031.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the applicants by
the judgment of conviction and sentence in C.C.No: 353/2015 of the Court
of the Chief Judicial Magistrate, Manjeri dated 31-10-2018 as confirmed by
the judgment of conviction and sentence in Crl.Appeal No:241/2018 of the
Special Court for SC/ST (POA) Act Cases, Manjeri dated 20-01-2023 and to
release the applicants on bail pending disposal of the above Revision
Petition.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of P.VENUGOPAL & SRILAKSHMI T.S., Advocates
for the petitioners and of PUBLIC PROSECUTOR for the second
respondent, the Court passed the following:
                         BECHU KURIAN THOMAS, J.
                  ========================
                           Crl.M.A.No.2 of 2023
                                         in
                           Crl.R.P.No.643 of 2023
                  ------------------------------------------------
                              Dated this the 13th day of June 2023

                                          ORDER

Sentence of imprisonment imposed upon the revision

petitioners/petitioners in C.C.No.353/2015 on the files of the Chief

Judicial Magistrate, Manjeri as confirmed in Crl.Appeal No.241/2018 on

the files of the Additional Sessions Court (Special Court for SC/ST (POA)

Act & NDPS Act Cases, Manjeri shall stand suspended till disposal of

the revision petition, on condition that revision petitioners execute a

bond for Rs.50,000/- (Rupees Fifty thousand only) each with two

solvent sureties each for the like sum to the satisfaction of the trial

court and on further condition that they deposit 50% of the fine

amount imposed, within three weeks from today.

sd/ BECHU KURIAN THOMAS JUDGE jm/

13-06-2023 /True Copy/ Assistant Registrar