IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4983 of 2008 ---------------------------------- CRL.A.904/2008 OF SESSIONS COURT, ERNAKULAM, CC.1021/2006 OF ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM. .................... PETITIONER/ APPELLANT/ ACCUSED: ------------------------------------------------------ BOBBY JOHN, AGED 40, S/O. JOHN, MATTACKAL HOUSE, VAYALATHALA.P.O., RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE. RESPONDENTS/ RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------------------------------- 1. C.A. SHANMUGHAM, S/O. AYYAPPAN, CHETTIPARAMBIL HOUSE, THYKOODAM, VYTTILA.P.O., POONITHURA VILLAGE, KANAYANNOOR, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4983 of 2008 ------------------------------------------------- Dated this the 19th day of December, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. He preferred an appeal. In the appeal, the sentence imposed was suspended subject to the condition that the petitioner must execute a bond for Rs.25,000/-. In the meantime, a warrant of arrest has been issued by the learned Chief Judicial Magistrate to procure the presence of the petitioner. The petitioner now apprehends that the warrant of arrest may be executed against him. The learned Sessions Judge has not stipulated any period of time to ensure compliance with the direction to execute the bond. 2. In these circumstances, the petitioner only prays that the warrant of arrest issued against him may not be executed. Crl.M.C. No. 4983 of 2008 -: 2 :- He further prays that a date may be fixed for his appearance and execution of the bond. 3. In the circumstances explained in the petition, I am satisfied that the prayer can be allowed. 4. In the result: (a) This Crl.M.C. is allowed. (b) The petitioner shall have time till 5/1/09 to appear before the learned Magistrate and to execute the bond as directed in Annexuire-B order of the learned Sessions Judge. Till then, the coercive processes issued against the petitioner by the trial court shall not be executed. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4983 of 2008 -: 3 :-