IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.MC.No. 1013 of 2011() ------------------------- CRA.91/2005 of I ADDL. SESSIONS COURT, KOLLAM CC.1598/2000 of JUDL.MAGISTRATE OF FIRST CLASS, KOLLAM .................... PETITIONER(S): --------------- SURESH KUMAR, INJAKKATTU VEEDU, THRIKKOVILVATTOM,MUKHATHALA PO, KOLLAM. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. VIJAYAN PILLAI,ABHILASH BHAVAN, THRIKKOVILVATTOM,MUKHATHALA,KOLLAM-690001. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1013 of 2011 -------------------------------------- Dated this the 30th day of March, 2011. ORDER Petitioner is an accused in C.C.No.1598 of 2000 of the court of learned Judicial First Class Magistrate, Kollam for offence punishable under Section 138 of the Negotiable instruments Act (for short, “the Act”). He was found guilty and sentenced. Conviction and sentence were unsuccessfully challenged in Crl.Appeal No.91 of 2005 before learned Additional Sessions Judge-I, Kollam. Petitioner filed Crl.R.P.No.1469 of 2008 in this Court and Crl.M.A.No.4442 of 2008 to suspend the sentence. This Court passed order dated 09.05.2008 suspending the sentence alone on condition that petitioner executed bond for `.25,000/- with two sureties for the like sum each. Petitioner says that as he had gone abroad he could not appear in court and execute the bond as directed by this Court and a non-bailable warrant is pending against him. Petitioner seeks time to surrender before learned Judicial First Class Magistrate, Kollam. I have heard learned Public Prosecutor also. 2. Having regard to the nature of offence I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is disposed of directing petitioner to surrender before learned Judicial First Class Magistrate, Kollam in C.C.No.1598 of 2000 on 08.04.2011 and execute bond as directed by this Crl.MC No.1013/2011 2 Court in the order dated09.05.2008 in Crl.M.A.No.4442 of 2008 in Crl.R.P.No.1469 of 2008. It is directed that warrant of arrest if any issued against petitioner will stand in abeyance until 08.04.2011. THOMAS P.JOSEPH, Judge. cks