IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.MC.No. 582 of 2008() ------------------------ ST.598/1999 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER: SURETIES 1 & 2 IN S.T. ------------------------------------------------------------ 1. R. PARIMALA, AGED 38, LAKSHMI NIVAS THIRUVENKIDAM, GURUVAYUR P.O. 2. DEVAKIAMMA, AGED 74 W/O.LATE P.K.BALAKRISHNAN NAIR PATHIYANA HOUSE, SRINGAPURAM, GURUVAYUR. BY ADV. SRI.BABU CHERUKARA SRI.BABY P. ANTONY RESPONDENTS: COMPLAINANT & ACCUSED IN ST ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. MALATHY, W/O.EASWARAN PRASANTHINILAYAM, NEW STREET, NURANI, PALAKKAD. 3. V. MANIKANTAN, S/O.RAMAN NAIR THIRUVENKIDAM, GURUVAYUR, PIN-680 101. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.582 of 2008 = = = = = = = = = = = = = = Dated this the 22nd day of February, 2008 ORDER The petitioners, who are ladies by name Parimala and Devakiamma, were sureties to the accused in S.T.No.598 of 1999 on the file of Chief Judicial Magistrate, Palakkad which was the prosecution under Section 138 of the Negotiable Instruments Act, 1881. The prayer of the petitioners is to keep in abeyance all proceedings against the petitioners in S.T.No.598 of 1999 till the disposal of the Crl.Appeal No.11770/2007 filed by the accused in S.T.No.598 of 1999 before this Court against the conviction and sentence concurrently recorded against him. 2. The above prayer of the petitioners is misconceived and ill advised. After the accused (V.Manikantan) in S.T.No.598 of 1999 was convicted by the Chief Judicial Magistrate, Palakkad, he preferred Crl.Appeal No.257/2004 before the Sessions Court, Palakkad and his appeal was dismissed confirming the conviction, but modifying the sentence and since he failed to appear before the trial court to receive the sentence, the Chief Judicial Magistrate, Palakkad cancelled the bail and issued non Crl.M.C.No.582 of 2008 2 bailable warrants of arrest against the accused and registered a case against the petitioners as M.C.No.13/2008. Consequent on the failure on the part of the petitioners to show cause, the learned Magistrate has disposed of M.C.No.13/2008 on 8.2.08 imposing the bond amount of Rs.10,000/- as penalty payable by each of the petitioners herein. The remedy of the petitioners is to file an appeal under Section 449 Cr.P.C and not to approach this Court by a petition under Section 482 Cr.P.C. This Crl.M.C is accordingly dismissed, without prejudice to the right of the petitioners to file an appeal against the order of the Chief Judicial Magistrate. V. RAMKUMAR, JUDGE sj