Anandu vs State Of Kerala
2023 Latest Caselaw 6540 Ker

CRL.A No.609/2021                         1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MRS. JUSTICE MARY JOSEPH
             Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
                  CRL.M.APPL.NO.1/2022 IN CRL.A NO. 609 OF 2021
     SC (NDPS) 22/2018 OF II ADDITIONAL DISTRICT & SESSIONS COURT,THODUPUZHA
   PETITIONER/1st APPELLANT:

          ANANDU, AGED 24 YEARS, S/O. MOHANAN, PUTHENVILA HOUSE, ALAMPARAPPU
          COLONY BHAGOM, KOOVAPPALLY P.O, KOOVAPPALLY VILLAGE 686 518

   RESPONDENT/RESPONDENT:

          STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KANJIRAPALLY
          POLICE STATION 686 507 KOTTAYAM DISTRICT, THROUGH PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM 682 031 (CR. NO 1191 OF 2017 OF
          KANJIRAPALLY POLICE STATION)

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to pass an order
   suspending the order of conviction and sentence passed against the
   petitioner/1st appellant as per Judgment dtd. 31.08.2021 in S.C. (NDPS)
   No. 22 of 2018 of the Special Judge's Court for NDPS Act Cases,
   Thodupuzha, (Additional District & Sessions Court-II, Thodupuzha) arising
   from Cr. No. 1191 of 2017 of Kanjirappally police Station , and order
   release of the petitioner/ appellant without insisting for deposit of fine
   amounts, pending disposal of the above Criminal Appeal in the interest of
   justice
        This Application again     coming on for orders upon perusing the
   application and the affidavit filed in support thereof, and this Courts
   orders dated 14/2/2023 and 05/06/2023 therein        and upon hearing the
   arguments of M/s. GEORGE MATHEW, M.D.SASIKUMARAN, PRAVEEN S., SUNIL KUMAR
   A.G, DIPU JAMES, MATHEW K.T., GEORGE K.V., STEPHY K REGI, ELSA DENNY
   PINDIS, N.A.SHAFEEK, Advocates for the petitioner and of PUBLIC PROSECUTOR
    for the respondent, the court passed the following:
                                      ORDER

The learned counsel for the appellant who is the 1st accused in SC (NDPS) No. 22/2018 seeks for extension of interim stay passed against execution of sentence.

The learned Public Prosecutor has filed a report stating that as last condition in the impugned order, the accused was directed not to involve in any other offences during the pendency of stay order but the accused is now found involved in several crimes at different Police Stations after passing of the impugned order staying the execution of the sentence, in his favour.

In the above circumstances,the interim order could not be extended.

The appeal stands posted for hearing.

 CRL.A No.609/2021                 2/2


                                        Sd/- MARY JOSEPH JUDGE




13-06-2023          /True Copy/                              Assistant Registrar