IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Crl.MC.No. 4347 of 2010() ------------------------------ CC.831/2005 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER(S)/ACCUSED ------------------------------ 1. SUNIL KUMAR, S/O. SUKUMARAN, SUNIL BHAVAN, MANGANAM KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. 2. SUMESH, S/O. SOMAN, ETTUPARAYIL, MANGANAM VIJAYAPURAM VILLAGE, KOTTAYAM. BY ADV. SMT.SANDHYA RAJU RESPONDENT(S)/COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4347 OF 2010 --------------------------------------------- Dated 29th October, 2010 O R D E R Petitioners were convicted and sentenced for the offence under Section 379 read with Section 34 of Indian Penal Code. They challenged the conviction and sentence before Sessions Court, Kottayam in Crl.A.374/2010. By Annexure-AII order, learned Additional Sessions Judge suspended the sentence on condition of executing a bond and depositing one half of the fine, within two weeks. Petition is filed under Section 482 of Code of Criminal Procedure to extend the time to deposit. 2. Learned counsel appearing for the petitioners was heard. 3. When the learned Sessions Judge Crmc 4347/10 2 suspended the sentence on execution of bond and deposit of the fine amount, it is upto the petitioners to seek extension of time before the Sessions Court. Only if the Sessions Court refused to grant extension of time, the petitioners could approach this Court. I find no reason for the Sessions Court not to grant the time. Even if the fine is not deposited, learned Sessions Judge has to suspend the substantive sentence. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.