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. 3797 of 2008() ------------------------- CC.1105/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER/ACCUSED --------------- BIJU CHERIYAN, EDAYINETH PUTHENPURAYIL, MULAKKUZHA MURI, CHENGANNUR TALUK. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS/COMPLAINANT & STATE: --------------- 1. SOBHA VIJAYAN, MODIPANDINJARETHIL VEEDU, MULAKKUZHA VILLAGE, CHENGANNUR TALUK. 2. SUB INSPECTOR OF POLICE MULAKKUZHA. 3. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.3797 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 did not prefer any appeal in time. He was taken into custody in execution of the sentence imposed on 23/9/2008. Thereafter he preferred an appeal on 25/9/2008. The appeal was not preferred in time. So it was filed along with an application for condonation of delay. The learned Sessions Judge ordered notice in the application for condonation of delay and posted the case to 20/10/2008. Even after apprising the learned Judge of the fact that the petitioner is in custody and though an application for advancement of hearing was filed, that was also dismissed. The petitioner hence languishes in custody. The petitioner apprehends that unnecessary further time will be lost and the petitioner will be obliged to remain in custody. It is hence prayed that directions may be issued to suspend the sentence imposed on the petitioner until such time when the application for suspension is considered by the learned Sessions Judge on merits. 2. I find the plight of the petitioner to be deserving sympathy and compassion. I am satisfied that appropriate Crl.M.C.No.3797/08 2 directions can be issued which shall hold the field until the learned Sessions Judge considers the application for condonation of delay and later if the appeal is admitted the prayer for suspension of sentence. 3. In the result, a) This Crl.M.C is allowed. b) The petitioner shall be released from custody forthwith on condition that (i) He executes a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) He deposits an amount of Rs.25,000/- (Rupees twnety five thousand only) before the learned Magistrate forthwith. iii) He appears before the learned Sessions Judge on all future dates of posting of the appeal until his application for suspension is disposed of by the learned Sessions Judge. Thereafter he shall comply with the orders passed by the learned Sessions Judge. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3797/08 3 Crl.M.C.No.3797/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008