IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3188 of 2008()
1. SUNNY THOMAS, KALATHIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SAJI.S, SREEKARUNYAM,
For Petitioner :SRI.MATHEW SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3188 of 2008
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Dated this the 21st day of August, 2008
ORDER
The petitioner has been found guilty, convicted and
sentenced in a prosecution under Sec.138 of the Negotiable
Instruments Act. He has preferred an appeal. The same has
been filed before the Sessions Court, Mavelikara, as
Crl.A.No.309/08, it is submitted. The petitioner has filed an
application for suspension. The number of that application
for suspension was not available to this Court. A copy of the
said application is produced as Annexure-A4. The grievance
of the petitioner is that his application – Annexure-A4, is not
being considered by the learned Sessions Judge. In the
meantime, the petitioner has been taken into custody in
execution of the impugned judgment. The learned Additional
Sessions Judge, Mavelikara, is not holding sittings. In these
Crl.M.C. No. 3188 of 2008 -: 2 :-
circumstances, the petitioner has rushed to this Court with this
petition under Sec.482 Cr.P.C. The counsel laments that the
petitioner, for no fault of his, is remaining in custody. I am
unable to understand the grievance of the petitioner. If the
matter is emergent and the appellant is obliged to remain in
custody before his application for suspension is taken up for
consideration for the reason that the Presiding Officer of the
court is on leave, the petitioner must go, it is his duty, to the
Presiding Officer in charge of that court and seek an expeditious
order on the application for suspension. Quite surprisingly, the
petitioner in this case does not appear to have resorted to that
course. Instead tears are shed unnecessarily before this Court
about the court not taking up the matter for hearing.
2. Notwithstanding the fact that the necessary steps, I take
a pity on the plight of the petitioner and direct that the
petitioner shall be released from custody on his executing a bond
for Rs.50,000/- with two solvent sureties each for the like sum to
the satisfaction of the learned Magistrate. This order shall
remain in force till 1/9/2008. The learned Principal Sessions
Judge shall ensure that the application for suspension in
Crl.A.No.309/08 is disposed of on merits on or before that date.
If the judge in charge is not holding sitting, the learned Sessions
Crl.M.C. No. 3188 of 2008 -: 3 :-
Judge shall reckon this as a very special case and withdraw the
case to himself and dispose of the application for suspension.
The petitioner shall appear before the learned Additional
Sessions Judge on 1/9/2008 or if the Judge is on leave, appear
before the court holding charge of that court on 1/9/2008.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge