IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 CRL.MC.NO. 1175 OF 2011() ---------------------------------------- AGAINST THE ORDER DATED 05/09/2007 IN CRMP 2542/2007 IN CRA.673/2007 OF SESSIONS COURT, THRISSUR CC.51/2003 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY PETITIONER(S): --------------- 1. DEVARAJ K., AGED 50 YEARS, S/O. RAMAN KIDAVU, KAVUTHERI HOUSE, ARIKULAM P.O., KOYILANDI TALUK. 2. P. KRISHNANKUTY, AGED 6F2 YEARS, S/O.M.N. NAIR, PATHIYATTU HOUSE, KALLOOR THEKKU MURI, ANNAMANADA CHERVALOOR P.O., VALOOR, THRISSUR. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 31. 2. PREM RAJ, S/O. PEETHAMBARA MENON, CHERAT HOUSE, CHERUVALOOR DESOM, CHERVALOOR P.O., THRISSUR DISTRICT – 682 321. 3. PONNAMMA MENON, AGED 62 YEARS, W/O. K.P.B. MENON, MUKUTHI, KOMBARA, IRINJALAKUDA VILLAGE PIN – 682 121. BY PUBLIC PROSECUTOR SHRI JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1175 of 2011 ==================================== Dated this the 07th day of April, 2011 O R D E R Petitioners are sureties of accused in C.C. No.51 of 2003 of the court of learned Judicial First Class Magistrate, Chalakkudi for offence punishable under Section 138 of the Negotiable Instruments Act. The accused was convicted and sentenced to undergo imprisonment and payment of fine. His appeal (Crl. Appeal No.673 of 2007) was dismissed. Following the dismissal of the appeal learned Magistrate issued Annexure-B, notice to the petitioners to cause production of the accused (second respondent). Petitioner says that since the second respondent is working in Delhi, will be back only by 20.05.2011. The second petitioner is suffering from paralytic stroke and is unable to move about. It is requested that petitioners may be granted time to cause production of the accused. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Having regard to the circumstances stated petitioners are granted time till 30.05.2011 to cause production of the second respondent in C.C. No.51 of 2003 of the court of learned Judicial CRL.M.C. No.1175 of 2011 -: 2 :- First Class Magistrate, Chalakkudy on condition that petitioners filed affidavit before the learned Magistrate undertaking to cause production of second respondent in that court on 30.05.2011. In case petitioners produce the second respondent before the learned Magistrate, on or before the said day, appearance of the second petitioner in court shall not be insisted. Criminal Miscellaneous Case is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv