IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Crl.MC.No. 245 of 2011() ----------------------------- (CRL.MP.NO.36/2011 IN CRL.A.NO.614/2010 OF ADDL. SESSIONS COURT - 1, MAVELIKKARA) ....... PETITIONER(S):APPELLANT -------------------------------- MOHAN KUMAR, SREENILAYAM VEEDU, KANNAMANGALAM VADAKKU, KANNAMANGALAM VILLAGE, MAVELIKKARA. BY ADVS. SRI.O.V.MANIPRASAD SRI.SAJU J. PANICKER SRI.LIJO KURIAN JOSE RESPONDENT(S): COMPLAINANT -------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. SREELEKHA SAJEEVAN, VENADU VEEDU, PALLICKAL, NADUVILE MURI, BHARANICAVU VILLAGE, MAVELIKKARA - 690 101. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.245 of 2011 --------------------------------------- Dated this 25th day of January, 2011 ORDER Since the impugned order was passed without notice to respondent No.2 and in the light of the order I propose to pass, notice to him is dispensed with in this proceeding. 2. Petitioner is the appellant in Crl.Appeal.No.614 of 2010 of the court of learned Additional Sessions Judge, Mavelikkara. He was convicted for offence punishable under Sec.138 of the Negotiable Instruments Act, sentenced to under so simple imprisonment for two months, pay `.6,25,000/- as compensation and in default of payment to undergo simple imprisonment for six months. Learned Additional Sessions Judge vide Annexure-A3, order suspended the sentence on condition that petitioner deposited Rupees One Lakh and executed bond for `.50,000/- with two solvent sureties for the likesum each. Petitioner challenged the condition for deposit of the amount in this court in Crl.M.C.No.4865 of 2010. That challenge did not succeed and Crl.M.C was dismissed by Annexure-A4, order but, permitting petitioner to move the learned Additional Sessions Judge for extension of time for deposit of the amount. Crl.M.C.No.245 of 2011 -: 2 :- Accordingly petitioner filed Crl.M.P.No.36 of 2011 before learned Additional Sessions Judge requesting time for deposit of the amount. That petition was dismissed by Annexure-A6, order for the reason that no time limit for deposit of the amount was specified in Annexure-A3, order and hence there is no question of extension of time. Learned counsel submitted that since petitioner was not able to deposit the amount he could not execute the bail bond. Learned counsel requested that petitioner may be granted two months' time to deposit the amount. 3. Having heard counsel for petitioner as to the difficulties being experienced by the petitioner to deposit the amount I am inclined to grant one months' time to deposit the amount. In the circumstances order under challenge is liable to be set aside. Resultantly Annexure-A6, order is set aside and Crl.M.P.No.36 of 2011 is allowed granting petitioner one months' time from this day to deposit the amount in the trial court as directed in Annexure-A3, order. Petitioner shall execute bail bond in the trial court within two weeks from this day as directed in Annexure-A3, order. (THOMAS P JOSEPH, JUDGE) Sbna/-