IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Crl.MC.No. 2611 of 2008() ------------------------- CRMP 610/08 IN CRA.211/2008 of SESSIONS COURT, KOZHIKODE .................... PETITIONER: ACCUSED 1 TO 3 & 5 ------------------------------ 1. BABU, AGED 35, S/O. POKKAN, PARAMBATH HOUSE, KUMMANKODE, NADAPURAM, KOZHIKODE. 2. BALAN, AGED 38, S/O. POKKAN, KOYILEDATH HOUSE, KUMMANCODE, NADAPURAM, KOZHIKODE. 3. GIREESH, AGED 30, S/O. POKKAN, MALOKANDY HOUSE, VARIKKOLI, NADAPURAM, KOZHIKODE DT. 4. RAJESH, AGED 28, S/O. KUMARAN, MANJA PARAMBIL HOUSE, KUMMANCODE, NADAPURAM, KOZHIKODE DT. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL SMT.V.SHYLAJA RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REP. BY THE DIRECTOR OF PUBLIC INSTRUCTION, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2611 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2008 O R D E R The petitioners have been found guilty, convicted and sentenced in a prosecution for offences punishable, inter alia, under Section 452 Cr.P.C. Their appeal was admitted. Execution of the sentence was suspended subject to conditions. One of the conditions imposed is that the petitioners must deposit an amount of Rs.5,000/- within two weeks from 3.3.2008. One of the petitioners did deposit the amount, but the others were not able to deposit the same. Consequently coercive processes are being issued against the petitioners. They have now come to this Court with the prayer that the time for deposit may be extended so that they can deposit the amount now and avoid the consequence of incarceration pending disposal of appeal. I find the request to be absolutely justified. 2. This Crl.M.C. is allowed. It is directed that if the petitioners deposit the said amount of Rs. 5,000/- on or before Crl.M.C.No. 2610 of 2008 2 18.7.2008, the same shall be reckoned as sufficient compliance of the order of suspension dt. 3.3.08 in Crl.M.P.No.610 of 2008 in Crl.A. 211 of 2008. (R. BASANT) Judge tm