IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3851 of 2010() ------------------------------ CRA.584/2010 of SESSIONS COURT, KOZHIKOE .................... PETITIONER(S): ACCUSED NO.1 TO 6 ----------------------------------------------------- 1. PRAVEESH, S/O. NANU, AGED 29 YEARS, CHELURTHAZHA KUNI HOUSE, ORAKATTERY, ERAMALA. 2. NANU, S/O. KELAPPAN, AGED 61 YEARS, THACHARATH HOUSE, ORKATTERY, ERAMALA. 3. VINOD, S/O. KELAPPAN, AGED 35 YEARS, NADUVILAPADATH HOUSE, ORKATTERI, ERAMALA. 4. RAJESH, S/O. RAMAKRISHNAN, AGED 26 YEARS ATHIARIKANDY HOUSE, ORKATTERI, ERAMALA. 5. PRAJEESH, S/O. SUKUMARAN KUMARN, AGED 26 YEARS, THACHARATHAZHAKUNI HOUSE, ORKATTERI, ERAMALA. 6. PRATHEESAN, S/O. SUKUMARAN KUMARAN, AGED 26 YEARS, THACHARATHAZHAKUNI HOUSE, ORKATTERI, ERAMALA. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.V.SHAJI SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA SRI.ARUN KRISHNA DHAN RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3851 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure-II order in Crl.M.P.2445/2010, a petition filed by the petitioners in Crl.A.584/2010 for suspending the sentence. The sentence includes substantive sentence as well as fine. By Annexure II order, learned Sessions Judge suspended the sentence on executing bond and depositing the fine. Petition is filed to quash the direction to deposit the fine contending that they are financially poor and are not in a position to deposit the fine. If the fine portion of the sentence is to be suspended, petitioners have to deposit the fine or furnish sufficient security to the satisfaction of the Judicial First Class Crl.M.C./38512010 2 Magistrate. If petitioners is not in a position to furnish security, only the substantive sentence will stands suspended under Annexure II order. Petition is disposed granting liberty to the petitioners to furnish sufficient security for the fine amount to the satisfaction of the Judicial First Class Magistrate, Vadakara instead of depositing the fine. On the failure, only the substantive sentence will stand suspended. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006