Kerala High Court
N. Balakrishnan Nair vs Central Bureau Of Investigation on 22 May, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.811 OF 2024
CC 5/2015 OF THE SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM
APPLICANTS/APPELLANTS:
1. N. BALAKRISHNAN NAIR, AGED 52 YEARS, S/O. K.P. NARAYANAN NAIR, THEN
THE ACCOUNTANT, SCALE-I, DENA BANK, KOLLAM BRANCH, R/O. NARAYANA
MANDIRAM, OLAYIL,THEVALLY POST, MALAYZI SABHA LANE, KOLLAM, PIN -
691009.
2. SINDHU K.M., AGED 49 YEARS, W/O BALAKRISHNAN NAIR, NARAYANA
MANDIRAM, OLAYIL, THEVALLY POST, MALAYAZI SABHA LANE, KOLLAM -691
009 NOW RESIDING AT 'KAIPPAYIL PUTHEN VEEDU', IDAYIRICKAPUZHA
P.O., KANGAZHA VILLAGE, KOTTAYAM DISTRICT, PIN - 686541.
RESPONDENTS/RESPONDENTS:
1. CENTRAL BUREAU OF INVESTIGATION, THROUGH THE SPECIAL PROSECUTOR FOR
CBI, HIGH COURT OF KERALA, ERNAKULAM, KOCHI , PIN - 682031.
2. 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 sentence imposed on the petitioner in
C.C.No.5/2015 by the Special Court for CBI cases, Thiruvananthapuram vide
Judgment dated 15.05.2024, pending disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.C.UNNIKRISHNAN (KOLLAM), NIDHI
BALACHANDRAN, V.VENUGOPALAN NAIR, Advocates for the petitioners and of the
DEPUTY SOLICITOR GENERAL OF INDIA for the 1st respondent, the PUBLIC
PROSECUTOR for the 2nd respondent, the court passed the following:
P.T.O.
K.BABU, J.
------------------------------------
Crl.A.No.811 of 2024
&
Crl.M.A.No.1 of 2024
in
Crl.A.No.811 of 2024
------------------------------------
Dated this the 22nd day of May, 2024
ORDER
Admit.
2. The learned Public Prosecutor takes notice for the
respondents.
3. Heard both sides.
4. The petitioners are accused Nos.2 and 4. Petitioner
No.1/accused No.2 has been convicted under Section 120-B read
with Section 409, Section 120-B read with Sections 420, 468, 471
and 477-A of IPC and Section 13(2) read with Sections 13(1)(c) &
13(1)(d) of the Prevention of Corruption Act, 1988. Petitioner
No.2/accused No.4 has been convicted under Section 120-B
read with Section 409, Section 120-B read with Section 420 and
Section 109 of IPC and Section 13(2) read with Sections 13(1)(c) &
in
13(1)(d) of the Prevention of Corruption Act, 1988. Petitioner
No.1/accused No.2 has been sentenced to undergo various
terms of rigorous imprisonment ranging from three years to
seven years. Petitioner No.2/accused No.4 has been sentenced
to undergo various terms of imprisonment ranging from six
months to one year.
5. The learned Public Prosecutor opposed the
application seeking suspension of sentence.
6. 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 imposed on the
petitioners/appellants shall stand suspended and bail granted
to them on the following conditions:
(i) The petitioners shall execute a bond for
Rs.10,00,000/- (Rupees Ten Lakhs Only)
each with two solvent sureties each for
in
the like sum to the satisfaction of the Trial
Court.
(ii) The petitioners shall not involve in any
other similar offences.
The operation of the account maintained by petitioner
No.2/accused No.4 with Dena Bank, Kollam Branch shall remain
frozen during the pendency of this appeal. The directions
contained in paragraph No.425(7) of the impugned judgment
shall be kept in abeyance.
Sd/-
K.BABU,
JUDGE
KAS
22-05-2024 /True Copy/ Assistant Registrar
