Abin Divakaran vs State Of Kerala
2023 Latest Caselaw 9666 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
          Friday, the 8th day of September 2023 / 17th Bhadra, 1945
                CRL.M.APPL.NO.1/2023 IN CRL.A NO. 714 OF 2021
 SC (NDPS) 35/2018 OF SPECIAL COURT FOR NDPS ACT CASES , THODUPUZHA ,IDUKKI
PETITIONER/APPELLANT/ACCUSED NO.1:

     ABIN DIVAKARAN AGED 40 YEARS S/O. DIVAKARAN, URUMBIL HOUSE,
     THIRUVALLPPADI BHAGAM, NEDUMKANDAM KARA, PARATHODU VILLAGE.

RESPONDENT/RESPONDENT/COMPLAINANT:

     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM-682 031.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence passed against the
appellant/accused No.1 in the judgement dated 08.01.2021 in
S.C(NDPS)No.35/2018 of the Special Court for NDPS Act Cases,Thodupuzha,in
the interest of justice.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.K.VARGHESE, K.R.ARUN KRISHNAN, SANJANA
RACHEL JOSE, BIJU KUMAR, Advocates for the petitioner and PUBLIC
PROSECUTOR for the respondent, the court passed the following:
                                    N.NAGARESH, J.
                      ------------------------------------------------
                               Crl.M.A.No.1 of 2023
                                          in
                          Crl.Appeal No.714 of 2021
                    -------------------------------------------------
                  Dated this the 8th day of September, 2023

                                      ORDER

Crl.M.A.No.1 of 2023

It is submitted that the appeals filed by other accused

involved in the crime were heard and their conviction and

sentence have been set aside. Copy of the said judgment is not

uploaded and hence not available.

2. Taking into consideration the facts of the case, the

sentence imposed on the appellant is suspended and the

appellant shall be enlarged on bail on his executing a bond for

₹1,00,000/- (Rupees one lakh only) with two solvent sureties

each for the like sum to the satisfaction of the court below.

Post on 10.10.2023.

Sd/-

N.NAGARESH JUDGE hmh

08-09-2023 /True Copy/ Assistant Registrar