IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 CRL.REV.PET.NO. 2752 OF 2009() -------------------------------------------- AGAINST THE ORDER DATED 13/07/2009 IN CRMP.1944/2009 IN CRA.233/2009 OF SESSIONS COURT, KOLLAM CC.961/2005 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... REVN. PETITIONER(S): ACCUSED: -------------------------------------------------- SAMUEL GEORGE, MALIYEKKAL BUNGLOW, ANDOOR P.O., VALAKAM, KOTTARAKKARA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): RESPONDENTS/COMPLAINANTS: --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.BALACHANDRAN, KALEEKALMELATHIL, CHERUMOODU VELLIMON P.O., PERINAD, KOLLAM. BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.2752 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2009 2009 O R D E R -------------- Heard counsel for petitioner. The order under challenge is of the learned Additional Sessions Judge, Kollam on Crl.M.P. No.1944 of 2009 in Crl. Appeal No.233 of 2009. Petitioner/accused is aggrieved by a direction in the order as to deposit of compensation while ordering suspension of sentence. On going through the order under challenge I am of the view that it is purely interlocutory in character and a revision will not lie against it in view of Section 397(2) of the Code of Criminal Procedure (for short, “the Code”). Revision petition is dismissed without prejudice to the right of petitioner to move appropriate application under Section 482 of the Code. Registry shall return the copy of order produced along with the revision on application. THOMAS P.JOSEPH, JUDGE. vsv