IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Crl.MC.No. 1979 of 2009() ------------------------- AGAINST THE ORDER DATED 09/06/2009 IN CRMP.952/2009 IN CRA.71/2009 of SESSIONS COURT, THODUPUZHA MC.61/2008 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER(S): APPELLANTS/COUNTER PETITIONER -------------------------------------------- 1. SANTHOSH, S/O.ANTONY, VETTIMALAYIL HOUSE, POOMAKKANDAM KARA, VATHIKUDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. BIJU C.P., S/O.KRISHNANKUTTY, CHENAKARAYIL HOUSE, POOMAMKANDOM KARA, VATHIKUDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1979 of 2009 ================== Dated this the 19th day of June, 2009. O R D E R Petitioners are sureties to the accused against whom M.C.No.61/2008 of Chief Judicial Magistrate Court, Thodupuzha, was initiated under Section 446 of Code of Criminal Procedure. Aggrieved by the final order directing payment of penalty, petitioners filed Crl.Appeal No.71/2009 before Sessions Court, Thodupuzha. In the appeal, Crl.M.P.No.952/2009 was filed to suspend the sentence. The learned Sessions Judge suspended the sentence on depositing Rs.5,000/- each within a period of one month from 20-4-2009. Petitioners filed Crl.M.P.No. 1764/2009 to grant seven days extension of time, which was dismissed under Annexure C order. This petition is filed under Section 482 of Code of Criminal Procedure. Crl.M.C.No.1979/2009 -2- 2. Learned Counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned Counsel submitted that petitioners had only sought seven days time to deposit the amount, the Sessions Judge should have allowed the application. 4. If the petitioners deposit the amount on or before 27-6-2009, it shall be treated as in compliance with Annexure B order, as modified by this order. Learned Sessions Judge is directed to dispose Crl.Appeal No.71/2009 at the earliest. M.SASIDHARAN NAMBIAR JUDGE dkr