IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.MC.No. 709 of 2009() ----------------------------------- CRA.998/2008 of THE SESSIONS COURT AT ERNAKULAM IN C.C. NO.1322/2006 OF JFM-III, ALUVA. .................... PETITIONER(S): 2N PETITIONER ---------------------- MEJO PULIKOTTIL, AGED 40 YEARS, MANAGING DIRECTOR, M/S. HIMARIA BUILDERS AND REALTORS PVT. LTD., HIMARIA HOUSE, OPPOSITE METROPOLITAN HOSPITAL, KOKKAALA, TRISSUR. BY ADV. MR.GEORGE SEBASTIAN RESPONDENT(S): RESPONDENT AND STATE ------------------------ 1. K.P.PHILIP, KOCHUPARAT HOUSE, EZHUPUNNA, CHERTHALA NOW RESIDING AT KOHUPARAT HOUSE, NEAR THIRUVALOOR BRIDGE, ALANGHADU. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 709 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of February, 2009. O R D E R This petition is filed to extend the time for deposit of Rs.1,00,000/- and for executing the bond as directed in Annexure B order by two weeks from today and to give a further direction to Judicial First Class Magistrate-III, Aluva to release the petitioner forthwith from the custody in C.C.1322/06. 2. The petitioner herein is a convict u/s 138 of the N.I. Act and when he moved an application for suspension of sentence in Crl.A.998/08 a bail was granted on condition of deposit of a sum of Rs.1,00,000/- within one month and on executing a bond for Rs.2,00,000/- with two solvent sureties for the like some each to the satisfaction of the trial court. The petitioner was not able to deposit the amount and he moved for extension of time which was dismissed by the Court in which it was filed on the ground that the first order was passed by another Court. Now it is submitted the CRL.M.C. 709 OF 2009 -:2:- petitioner is in jail and he may be given a breathing time to deposit the amount and he may be released. After hearing the petitioner I feel a week's time can be granted to deposit the sum of Rs.1,00,000/- and in the meantime he can be released immediately. Therefore the Crl.M.C is disposed of as follows. (1) The petitioner herein who is the appellant in Crl.A.998/08 of the Additional Sessions Judge(Adhoc)III, Ernakulam is granted time till 26th February, 2009 to deposit a sum of Rs.1,00,000/- ordered by the Court. (2) Judicial First Class Magistrate-III, Aluva is directed to release him forthwith with a direction to appear before the Court on 26.2.2009 for deposit of the amount. (3) The other conditions namely execution of bond with solvent sureties for a sum of Rs.2,00,000/- each has to be carried out as per the order of the appellate Court. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-(Hand over)