IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 2342 of 2009(D) ---------------------------------------- PETITIONER(S): -------------------------- 1. MURALIDHARA PANICKER, AGED 56 YEARS, S/O.VASUDEVAN, SUNILBHAVAN, MAHADEVIKAD MURI, KARTHIKAPPALLY VILLAGE, KARTHIKAPPALLY TALUK. 2. PURUSHAN, AGED 48 YEARS,S/O.RAMAN,LATHA BHAVAN, THULAMPARAMBU VADAKKUM MURI, HARIPAD VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.G.BENO RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE TAHASILDAR, KARTHIKAPPALLY TALUK. 3. THE VILLAGE OFFICER, KARTHIKAPPALLY VILLAGE. 4. THE VILLAGE OFFICER, HARIPAD VILLAGE. GOVERNMENT PLEADER SRI. GIKKU JACOB FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009 ALONG WITH WPC.NO.2344 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ W.P(C). Nos.2342 & 2344 of 2009 ------------------------------------- Dated this the 22nd day of January, 2009 JUDGMENT Petitioners in this case were sureties for a common accused in 2 different cases. Proceedings were initiated against the petitioners under Section 446 Cr.P.C. Orders were passed under Section 446 Cr.P.C imposing penalty of Rs.10,000/- in one case and Rs.25,000/- each in the other. The petitioners preferred appeals under Section 449 Cr.P.C and those appeals are now pending before the Sessions Court, Alappuzha as Crl.Appeal Nos.628 and 629 of 2009. The petitioners have prayed that execution of the sentence may be suspended pending disposal of the appeals. But it is the grievance of the petitioners that such petitions are not disposed of by the learned Sessions Judge and consequently steps to recover the amounts on the basis of the impugned orders are afoot. It is prayed that appropriate directions may be issued to the Sessions Court, Alappuzha to dispose of the application for suspension of execution of the orders passed under Section 446 Cr.P.C. W.P(C). Nos.2342 & 2344 of 2009 2 2. The request of the petitioners does appear to me to be absolutely reasonable, fair and just. Their applications for suspension must be disposed of by the learned Sessions Judge as expeditiously as possible - at any rate, within a period of 3 days from the date on which a copy of this common judgment is placed before the learned Sessions Judge. 3. In the result: a) These Writ Petitions are allowed; b) The learned Sessions Judge, Alappuzha is directed to dispose of the applications for suspension of execution of the impugned orders filed in Crl.Appeal Nos.628 and 629 of 2008 as expeditiously as possible - at any rate, within a period of 3 days from the date on which a copy of this common judgment is placed before the learned Judge. 4. Compliance shall be reported to this Court. 5. Hand over a copy of this judgment to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-