IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Crl.Rev.Pet.No. 1114 of 2009() ------------------------------ AGAINST THE ORDER DATED 18-3-2009 IN CRMA 273/2009 IN CRA.56/2009 of ADDL.SESSIONS COURT,-I, MAVELIKKARA ST.161/2007 of JUDL.MAGISTRATE OF FIRST CLASS, CHENGANNUR .................... REVN. PETITIONER(S): PETITIONER:- --------------------- UDAYAKUMAR, AGED 31 YEARS, S/O.SATHIYAVRITHAN, EZIKKATTULAYAM VEEDU, BLOCK NO.KURICHIMUTTOM MURI, KIDANGANNUR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): RESPONDENT:- --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27-3-2009, THE COURT ON 27/03/2009 PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 1114 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of March, 2009 O R D E R Revision petitioner was convicted and sentenced and fined for an offence punishable under Section 15(c) of the Kerala Police Act, 1960 by the Judicial First Class Magistrate Court, Chengannur in S.T. No.161/2007. He filed Crl.A.No.56/2009 before the Addl. Sessions Court-I, Mavelikara against the conviction and sentence passed by the learned Magistrate. As per order dated 4-2-2009, the lower appellate court suspended the sentence on condition that he deposits the fine amount, pending appeal. Seven days' time was granted to remit the fine amount of Rs.200/- before the trial court. 2. It is the case of the petitioner that the order was not communicated to him within the time, on account of which, he was unable to deposit the fine amount before the trial court. He, therefore, filed C.M.P. No.273/2009 before the lower appellate court seeking enlargement of time. The said petition was dismissed on the ground that the earlier order had worked itself out. Hence, this revision. 3. I heard learned counsel for petitioner and learned Public Prosecutor. 4. Learned Addl. Sessions Judge ought to have granted Cr.R.P. 1114/09 -2- the extension of time prayed for instead of taking a hyper technical view of the matter. The impugned order is, accordingly, set aside and revision petitioner is granted ten days' time from today to deposit the fine amount of Rs.200/- before the trial court. This petition is disposed of as above. V. RAMKUMAR, JUDGE. mn.