IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.MC.No. 3188 of 2008() ------------------------- ST.410/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II, HARIPAD .................... PETITIONER: PETITIONER ---------------------- SUNNY THOMAS, KALATHIL, THEKKEKARA P.O., CHAMBHAKKULAM VILLAGE, ALAPPUZHA. BY ADV. SRI.MATHEW SEBASTIAN RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SAJI.S, SREEKARUNYAM, VALIYAKUZHY MURI, CHEPPAD, MUTTAM P.O., ALAPPUZHA DISTRICT. BY P.P. SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3188 of 2008 ------------------------------------------------- Dated this the 21st day of August, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. He has preferred an appeal. The same has been filed before the Sessions Court, Mavelikara, as Crl.A.No.309/08, it is submitted. The petitioner has filed an application for suspension. The number of that application for suspension was not available to this Court. A copy of the said application is produced as Annexure-A4. The grievance of the petitioner is that his application – Annexure-A4, is not being considered by the learned Sessions Judge. In the meantime, the petitioner has been taken into custody in execution of the impugned judgment. The learned Additional Sessions Judge, Mavelikara, is not holding sittings. In these Crl.M.C. No. 3188 of 2008 -: 2 :- circumstances, the petitioner has rushed to this Court with this petition under Sec.482 Cr.P.C. The counsel laments that the petitioner, for no fault of his, is remaining in custody. I am unable to understand the grievance of the petitioner. If the matter is emergent and the appellant is obliged to remain in custody before his application for suspension is taken up for consideration for the reason that the Presiding Officer of the court is on leave, the petitioner must go, it is his duty, to the Presiding Officer in charge of that court and seek an expeditious order on the application for suspension. Quite surprisingly, the petitioner in this case does not appear to have resorted to that course. Instead tears are shed unnecessarily before this Court about the court not taking up the matter for hearing. 2. Notwithstanding the fact that the necessary steps, I take a pity on the plight of the petitioner and direct that the petitioner shall be released from custody on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. This order shall remain in force till 1/9/2008. The learned Principal Sessions Judge shall ensure that the application for suspension in Crl.A.No.309/08 is disposed of on merits on or before that date. If the judge in charge is not holding sitting, the learned Sessions Crl.M.C. No. 3188 of 2008 -: 3 :- Judge shall reckon this as a very special case and withdraw the case to himself and dispose of the application for suspension. The petitioner shall appear before the learned Additional Sessions Judge on 1/9/2008 or if the Judge is on leave, appear before the court holding charge of that court on 1/9/2008. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge