IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1502 of 2009(A) -------------------------------------- AGAINST THE ORDER DATED 19/03/2009 IN CRL.MP.NO. 647/09 IN CRL.A.NO.63/2009 OF SESSIONS COURT, WAYANAD, KALPETTA IN MC.NO.82/2008 OF CHIEF JUDICIAL MAGISTRATE, KALPETTA. .................... PETITIONER: ------------------- PRASANTH, S/O.DIVAKRAN, AGED 30 YEARS, KOTTAKKAL HOUSE, CHOORALMALA POST, MEPPADI, WAYANAD DISTRICT. BY ADV. MR.SARVOTHAMAN. RESPONDENTS: ------------------------ 1. DHANYA P., D/O.KRISHNANUNNI, AGED 29, PALATHODI HOUSE, PUTHUVAYAL POST, MEPPADI, WAYANAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. R1 BY ADV. MR.GRASHIOUS KURIAKOSE, R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ==================== Crl.M.C. No. 1502 of 2009-A ==================== Dated this the 9th day of June, 2009. O R D E R Challenging the order passed under Section 12 of Protection of Women from Domestic Violence Act by Chief Judicial Magistrate, Kalpetta in M.C.No.82/2008, petitioner filed Crl.Appeal No.63/2009 before Sessions Court, Wayanad. In that appeal he filed Crl.M.P. No.647/2009 for suspending the sentence. Under Annexure AI order, Sessions Judge suspended the sentence on condition of petitioner depositing the monetary relief granted by Chief Judicial Magistrate under the impugned order at the rate of Rs.3,000/- per month from the date of the petition and also on condition that petitioner continues to deposit at the same rate and also deposit Rs.25,000/- towards the compensation of Rs.1,00,000/- directed to be paid under Section 22 of the Crl.M.C.No.1502/2009-A -2- Act. This petition is filed under Section 482 of Code of Criminal Procedure challenging that order. 2. Learned Counsel appearing for petitioner and learned Counsel for the first respondent were heard. 3. When the petitioner filed statutory appeal challenging the order passed by Chief Judicial Magistrate contending violation of the provisions in Section 12 of the Act, learned Sessions Judge was not justified in directing petitioner to deposit the monetary benefit granted by the Chief Judicial Magistrate in the order challenged in appeal. The direction to deposit the sum every month virtually makes the order for suspension redundant. In the circumstances of the case, the Sessions Judge could be directed to dispose the appeal itself expeditiously suspending the sentence till the disposal of the appeal, on the petitioner depositing Rs.25,000/- before the Sessions Court, which shall be permitted to be withdrawn by first respondent. Crl.M.C.No.1502/2009-A -3- 4. Petition is disposed directing Sessions Court, Kalpetta to dispose Crl.Appeal No.63/2009 expeditiously and to suspend the sentence on the petitioner depositing Rs.25,000/-, with liberty to first respondent to withdraw the same. It is made clear that sentence will stand suspended only on such deposit. Sessions Judge to dispose the appeal within four months from the date of receipt of the order. M.SASIDHARAN NAMBIAR JUDGE dkr