IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1139 of 2010() ------------------------- AGAINST THE ORDER IN CMP.2707/2009 IN CRA.433/2009 of SESSIONS COURT, THALASSERY .................... PETITIONER(S): APPELLANTS ------------------------- 1.MANI DEEPA, D/O. KANNAN, AGED 36 YERS, PULLIANDI HOUSE, CHIRAKKAL AMSOM, PUZHATHI DESOM, KANNUR DISTRICT. 2.P.VASUMATHI, D/O. KUNHIRAMAN, ARIPPA HOUSE, CHIRAKKAL AMSOM, PUZHATHI DESOM, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): --------------- 1.STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR OF HIGH COURT OF KERALA, ERNAKULAM. 2.P.P.MANOJ, S/O.BHASKARAN, PULILANDY HOUSE, CHIRAKKAL AMSOM, PUZHATHI, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI. HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1139 of 2010 * * * * * * * * * * * * * * * * * * Dated, this the 19th day of May, 2010 ORDER Petitioners are the sureties of the 2nd respondent herein who was allowed interim custody of an indigo car bearing Reg. No. KL/13/L/3321. Consequent on the second respondent failing to produce the car before Court, proceedings were initiated against the petitioners by the J.F.C.M. I, Kannur. The bond amount was Rs. 1,00,000/-. As per Annexure A3 Order dated 11- 8-2008 the J.F.C.M. I, Kannur imposed the entire bond amount of Rs. 1,00,000/- as penalty on each of the petitioners. Aggrieved by the said order, the petitioner preferred Crl.A. No. 433 of 2009 before the Sessions Court, Thalassery under Sec. 449 Cr.P.C. seeking an interim stay of the trial Court's order. As per the impugned order (Annexure A5) dated 29-9-2009 the learned Sessions Judge has granted a stay on condition that each of the petitioners deposits before the trial court a sum of Rs. 15,000/- towards penalty. It is the said order which is assailed in this Crl. Crl.M.C. No. 1139 of 2010 -:2:- M.C. 2. The learned counsel for the petitioner submitted that the petitioners are not in a position to pay the said amount and that appropriate directions may be given to the Sessions Court to dispose of the appeal itself after exempting the petitioners from the payment of interim penalty. 3. I am unable to agree with the above submissions. I am, however, inclined to give the petitioners further time to deposit the sum of Rs. 15,000/- (Rupees fifteen thousand only) fixed by the Sessions Court. The petitioners are given three months time from today to deposit the penalty amount. This Crl. M.C. is disposed of as above. Dated this the 19th day of May, 2010. V. RAMKUMAR, (JUDGE)