Kerala High Court
Jenson K J vs State Of Kerala on 6 February, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Tuesday, the 6th day of February 2024 / 17th Magha, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.1306 OF 2023
SC 269/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, KALPETTA
PETITIONERS/APPELLANTS/1ST & 2ND ACCUSED:
1. JENSON K J, AGED 44 YEARS, S/O JOSEPH, KIZHAKKAN PUTHENPALLI HOUSE,
ATHITHATTU, UVVAPPALLY, KIZHOOR, IRUTTI, CHUVENKERI VILLAGE, KANNUR,
PIN - 670703.
2. ABDUL KHADER @ ANDRU, AGED 50 YEARS, S/O ABDUL RAHMAN,
PUTHIYAPURAYIL THARALA HOUSE, KIZHOOR, IRUTTI, CHUVENKERI VILLAGE,
KANNUR, PIN - 670703.
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY EXCISE CIRCLE INSPECTOR,
MANANTHAVADY, WAYANAD, PIN-670645 THROUGH PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to pass an order suspending the sentence against the
petitioners/appellants as per judgment dated 10.07.2023 in S.C.No.269/2020
in the Court of the Addl. Sessions judge - II, Kalpatta, Wayanad and stay
the operation of the sentence as per the judgment till the disposal of the
above appeal and grant bail to the petitioners/appellants in the interest
of justice.
This Application coming on for admission upon perusing the
application and upon hearing the arguments of M/S.AJWIN P LALSON, SABU
THOZHUPPADAN, V.K.KISHOR, ANTONY VARGHESE, BIJU THOZHUPPADAN, DEVI P.
PRATHAPAN, ASHNA ALOYSIUS P., ANOOJ K SUDHARMAN, AMRUTHA P.M., MANJU
LUCKOSE, AJWIN P LALSON, Advocates for the petitioners and of the PUBLIC
PROSECUTOR for the respondent, the court passed the following:
P.T.O.
K.BABU, J.
------------------------------------
Crl.M.A.No.1 of 2023
in
Crl.A.No.1306 of 2023
------------------------------------
Dated this the 6th day of February, 2024
ORDER
Admit.
Heard both sides.
2. The petitioners/appellants have been convicted
under Section 20(b)(ii)(B) read with Section 29 of the
NDPS Act. They have been sentenced to undergo
rigorous imprisonment for a period of two years each.
The petitioners were on bail during the trial but did not
misuse their liberty.
3. The learned Public Prosecutor opposed the
application seeking suspension of sentence.
The disposal of the appeal is likely to take time.
Having regard to the fact that the disposal of the appeal
is likely to take time, this Court feels that execution of
the sentence imposed on the petitioners is liable to be
suspended. Therefore, the execution of the sentence
in
imposed on the petitioners/appellants shall stand
suspended and bail granted to them on the following
conditions:
(i) The petitioners shall execute 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.
(ii) The petitioners shall deposit the
entire fine amount in the Court below
within a period of three months from
today.
Sd/-
K.BABU,
JUDGE
saap
06-02-2024 /True Copy/ Assistant Registrar
