Pandiraj vs State Of Kerala
2024 Latest Caselaw 31748 Ker

Kerala High Court

Pandiraj vs State Of Kerala on 6 November, 2024

Author: K. Babu

Bench: K. Babu

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
        Wednesday, the 6th day of November 2024 / 15th Karthika, 1946
               CRL.M.APPL.NO.2/2024 IN CRL.A NO. 1968 OF 2024
          SC 77/2019 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA
APPLICANT/APPELLANT:

     PANDIRAJ, AGED 41 YEARS S/O. MUTHUPANDI, H. NO. 303, 6TH MURI VEEDU,
     6TH MURI LAYAM, UPPER SURIANELLY DIVISION, HML ESTATE, CHINNAKKANAL
     VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685618

RESPONDENT/RESPONDENT:

     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 against the
petitioner in SC(NDPS) No.77/2019 of Court of The Special Judge For NDPS
Act Cases,Thodupuzha by judgment dated 08.07.2024,till the disposal of the
Criminal Appeal.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of KURIAN ANTONY MATHEW, ARUN THOMAS, VEENA
RAVEENDRAN, KARTHIKA MARIA, ANIL SEBASTIAN PULICKEL, SHINTO MATHEW
ABRAHAM, LEAH RACHEL NINAN, MATHEW NEVIN THOMAS, KARTHIK RAJAGOPAL, JOE S.
ADHIKARAM, APARNNA S., NOEL NINAN NINAN, Advocates for the petitioner,and
of the PUBLIC PROSECUTOR for the Respondent, the court passed the
following:
                              K.BABU, J
            -------------------------------------------------
                      Crl.M.A No.2 of 2024
                                   in
                      Crl.A No.1968 of 2024
            -------------------------------------------------
          Dated this the 6th day of November, 2024

                            ORDER

Heard both sides.

2. The petitioner/appellant is accused No.2 in S.C.

(NDPS) No.77 of 2019 on the file of the Special Court for

NDPS Act Cases, Thodupuzha. He was convicted under

Sections 20(b)(ii)(B) and 29 of the NDPS Act. He was

sentenced to undergo rigorous imprisonment for a period

of four years and pay a fine of Rs.75,000/-.

3. The learned Public Prosecutor submitted that the

appellant has no criminal antecedents.

4. 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 petitioner is liable to be

suspended on conditions. Therefore, the execution of the

sentence imposed on the petitioner/appellant shall stand Crl.M.A. No.2/2024 in

suspended and bail granted to him on the following

conditions:-

i. The petitioner/appellant shall execute a bond for

Rs.1,00,000/- (Rupees One Lakh only) with two

solvent sureties each for the like sum to the

satisfaction of the trial Court.

ii. The petitioner/appellant shall also deposit the

entire fine amount in the Trial Court within two

months from today.

iii. The petitioner/appellant shall appear before the

Investigating Officer on the first Wednesday of

every month between 10.00 AM and 11.00 AM.

(iv). The petitioner/appellant shall appear before the

District Probation Officer concerned, on the last

Wednesday of every month between 10.00 AM

and 11.00 AM.

Sd/-

K.BABU JUDGE

kkj

06-11-2024 /True Copy/ Assistant Registrar