IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3801 of 2008() ------------------------- AGAINST THE ORDER IN CRMP 658/2008 IN CRA.243/2008 of ADDL. SESSIONS COURT-II, MAVELIKKARA .................... PETITIONER/APPELLANT: --------------- V.V.UDAYAKUMAR, AGED 40 YEARS, S/O.VISWABHARAN, VISWA SADANAM, PALAMEL VILLAGE, PADANILAM.P.O. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT/COMPLAINANT: --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VASANTHAKUMARI, AGED 41 YEARS, HARI NIVAS, PALLICKAL, PANAYIL P.O., NOORNADU. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3801 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioner has been found guilty,convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal. The appeal was admitted. Execution of the sentence was suspended subject to conditions. The petitioner was directed to execute a bond for Rs.25,000/- and to deposit an amount of Rs.10,000/- within a period of one month from 2/6/2008. 2. The petitioner has not complied with the conditions till now. The short prayer of the petitioner is that he may be granted extension of time to facilitate execution of the bond and deposit of the amount. Failure to do so would oblige the petitioner to remain in custody till his appeal is disposed of, submits the learned counsel for the petitioner. 3. I am satisfied that the prayer of the petitioner can be allowed. 4. This Crl.M.C is accordingly allowed. The petitioner is granted time till 28/10/2008 to appear before the learned Crl.M.C.No.3801/08 2 Magistrate and comply with directions in the order dated 2/6/2008 in Crl.M.P.No.658/08 in Crl.A.No.243/2008 of the Additional Sessions Judge-II, Mavelikkara. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3801/08 3 Crl.M.C.No.3801/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008