IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Crl.MC.No. 3095 of 2009 -------------------------------- AGAINST THE ORDER IN CRMP 1141/09 IN CRA.204/2009 of ADDL.SESSIONS COURT-I, MAVELIKKARA ........................................... PETITIONER(S): PETITIONER ------------------------------------------ YOGIDAS, S/O.RAJAPPAN @ JACOB, AGED 43, PANAYAM THENGIL VEEDU, CHELAKOMBU P.O. BY ADV. SRI.B.SAJITHA SMT.RADHIKA P.GOPINATH RESPONDENT(S): STATE & CR.PETITIONER --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RUBY DANIEL @ RUBYDAS, PALLITHARA PUTHEN VEEDU, KOMALLUR P.O., KARIMULAICKAL, CHUNAKKARA. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3095 OF 2009 ------------------------------------------ Dated 24th September 2009 O R D E R Petitioner is the appellant in Crl.A.204/2009 on the file of Additional Sessions court-I, Mavelikara. Appeal is filed against the order passed under Section 22 of Domestic Violence Act to pay a compensation of Rs.One Lakh and under Section 19 for maintenance of Rs.1,500/- per month, by the learned Magistrate in M.C.8/2008. In the criminal appeal petitioner filed Crl.M.P.1141/2009 for suspension of the direction to deposit the amount. Learned Additional Sessions Judge under Annexure-III order, dismissed the prayer to suspend the maintenance and suspended the order to pay compensation. This petition is filed challenging that order. 2. Learned counsel appearing for petitioner was heard. 3. Argument of the learned counsel appearing for petitioner is that being a pensioner he CRMC 3095/09 2 is not in a position to deposit Rs.1,500/- per month as directed by the Magistrate and in such circumstances , Annexure-III order is to be quashed. 4. Order sought to be suspended by the petitioner by filing Crl.M.P.1141/2009 is the direction to deposit Rs.1,500/- as maintenance. I find no reason to suspend the said direction. If the petitioner is not in a position to deposit the amount, petitioner is at liberty to seek expeditious disposal of the appeal without suspension of the sentence. If petitioner files an application for expeditious disposal of Crl.A.204/2009, learned Additional Sessions Judge to dispose the appeal without delay, at any rate, within sixty days from the date of filing of the petition. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.