IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.MC.No. 2094 of 2008() ------------------------- AGAINST THE ORDER DATED 15/03/2008 IN CRMP 952/2008 ORDER IN CRA.91/2008 of SESSIONS COURT, THALASSERY .................... PETITIONER: APPELLANTS ---------------------- 1. KARIPARAKANDY NASEER, S/O.ABOOBACKER, MU RINGODY, MANATHANA VILLAGE, THALASSERY THALUK 2. PUTHIYAPURAYI YOUSEF, S/O.MAMMAD, MANATHANA VILLAGE, MURINGORE FESAM THALASSERY TALUK KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, OF THE HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2094 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2008 O R D E R The petitioners were sureties for an accused in a prosecution for the offence punishable under Section 324 I.P.C., it is submitted. The accused did not appear and proceedings were initiated by the learned Magistrate under Section 446 Cr.P.C. Annex.A1 order was passed imposing a penalty of Rs.15,000/- on the petitioners. They preferred an appeal under Section 449 Cr.P.C. before the learned Sessions Judge. The appeal was admitted. The petitioners filed an application for suspension of execution of the impugned order. The learned Sessions Judge by Annex.A2 order allowed the prayer on condition that 50% of the amount be deposited before the court below on or before 5.4.2008. 2. The petitioners have come before this Court aggrieved by the said order. They have not been able to remit the amount. The prosecution of the accused, for whom they stood sureties, Crl.M.C.No. 2094 of 2008 2 has already ended in acquittal. In these circumstances insistence of deposit of Rs.7500/- each would result in loss of the petitioners' valuable right of appeal. They cannot raise the said amount. In these circumstances it is prayed that the impugned order directing deposit of 50% of penalty amount may be set aside. 3. After discussions at the Bar, I am satisfied that this Crl.M.C. can be allowed and appropriate directions can be issued. 4. This Crl.M.C. is accordingly allowed in part. The petitioners shall deposit an amount of Rs.3,000/- each on or before 30.6.2008. They shall be given time to pay the balance amount till 31.7.2008. If they are not able to raise the balance amount they shall on or before 31.7.08, file an application before the learned Sessions Judge for expeditious disposal of Crl.A. 91 of 2008 filed by them and the learned Judge shall thereupon dispose of the appeal itself by 31.7.2008. (R. BASANT) Judge tm Crl.M.C.No. 2094 of 2008 3