IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Crl.MC.No. 1750 of 2009() ------------------------- CC.650/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED: ----------------------------------------- PRADEEP, S/O. PRABHAKARAN, AGED 35 YEARS, KAVILPPAD, OLAVAKKODE, PALAKKAD. BY ADVS. MR.JACOB SEBASTIAN, MR.ABOOBACKER P.B. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1750 OF 2009 ------------------------------------------ Dated 29th May 2009 O R D E R Petitioner accused was convicted for the offence under Section 138 of Negotiable Instruments Act. Petitioner filed Crl.A.130/2006 before Sessions court, Thrissur challenging the conviction and sentence. Crl.M.P.552/2006 was filed for suspension of the sentence. As per Annexure-1 order dated 27/2/2006 execution of the sentence was suspended on the petitioner executing a bond. Petitioner failed to execute the bond. When the Magistrate proceeded with the execution of the sentence, this petition is filed under Section 482 of Code of Criminal Procedure for a direction to consider the bail application to be filed by the petitioner on the date of his surrender. 2. Learned counsel appearing for petitioner was heard. 3. Argument of the learned counsel is that under Annexure-1 order bail was granted and there was no time fixed for executing the bond and therefore CRMC 1750/09 2 petitioner is entitled to get bail as and when he appears. Even though time is not fixed for execution of the bond as per Annexure-1 order, when that order was obtained on 27/2/2006 petitioner is expected to execute the bond at least within a reasonable time, at any rate, not after three years. If case of the petitioner is that bail granted under Annexure-1 stands, there is no question of filing a bail application as stated in the petition. On the facts, I do not find it proper to give any direction to the Magistrate as sought for. Petitioner is at liberty to move the Sessions court for permission to execute the bond at this belated stage. With that liberty the petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.