IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Crl.MC.No. 255 of 2010() ----------------------------------- MP.4777/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR CRIME NO.354/2009 OF THE KURUPPAMPADY POLICE STATION .................... PETITIONER(S): RESPONDENT ------------------------- O.K.NANDAKUMAR,S/O.KESAVAN NAIR, SUDARSANA VEEDU,PAYAPPAR.P.O,MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADVS. MR.V.G.ARUN MR.PRASAD CHANDRAN RESPONDENT(S): PETITIONER ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, KOCHI-31. 2. CHINNAMA MATHEW,W/O.MATHEW,PULLORKKUDY VEEDU,ALATTUCHIRA,A.V.ABRAHAM,S/O.VARKEY, ATHIRAMPUZHA HOUSE,PANAMKUZHY,KOMBANAD VILLAGE. BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR R2 BY ADV.MR.WILSON URMES THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ======================== Crl.M.C No.255 OF 2010 ==================== Dated this the 16th day of February, 2010. O R D E R As per Annexure-5 order dated 18.1.2010, learned Magistrate directed the petitioner to return the vehicle to the second respondent and granted interim custody of the vehicle to the second respondent, on his executing a bond for rupees 4 lakhs with two solvent sureties each for the like sum. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure-5 order contending that petitioner is suffering from cancer and, therefore, he could not pay the amount with the time and he has granted further time. 2. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 3. This petition is disposed of directing Judicial First Class Magistrate-1, Perumbavoour to keep Annexure-5 order in abeyance for two weeks to enable the petitioner Crl.M.C No.255 OF 2010 2 to pay or deposit Rs. 50,000/- to the second respondent. If Rs. 50,000/- is paid before the expiry of 15 days from today, learned Magistrate to grant further reasonable time to the petitioner to pay the balance. M.SASIDHARAN NAMBIAR,JUDGE. mns