High Court Kerala High Court

Mejo vs Philip And Another on 18 February, 2009

Kerala High Court
Mejo vs Philip And Another on 18 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 709 of 2009()



1. MEJO
                      ...  Petitioner

                        Vs

1. PHILIP AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.GEORGE SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :18/02/2009

 O R D E R
                     M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 CRL.M.C. NO. 709 OF 2009
            = = = = = = = = = = = = = = =
      Dated this the 18th day of February, 2009.

                          O R D E R

This petition is filed to extend the time for deposit of

Rs.1,00,000/- and for executing the bond as directed in

Annexure B order by two weeks from today and to give a

further direction to Judicial First Class Magistrate-III, Aluva

to release the petitioner forthwith from the custody in

C.C.1322/06.

2. The petitioner herein is a convict u/s 138 of the

N.I. Act and when he moved an application for suspension of

sentence in Crl.A.998/08 a bail was granted on condition of

deposit of a sum of Rs.1,00,000/- within one month and on

executing a bond for Rs.2,00,000/- with two solvent sureties

for the like some each to the satisfaction of the trial court.

The petitioner was not able to deposit the amount and he

moved for extension of time which was dismissed by the

Court in which it was filed on the ground that the first order

was passed by another Court. Now it is submitted the

CRL.M.C. 709 OF 2009
-:2:-

petitioner is in jail and he may be given a breathing time to

deposit the amount and he may be released. After hearing

the petitioner I feel a week’s time can be granted to deposit

the sum of Rs.1,00,000/- and in the meantime he can be

released immediately. Therefore the Crl.M.C is disposed of

as follows.

(1) The petitioner herein who is the appellant in

Crl.A.998/08 of the Additional Sessions Judge(Adhoc)III,

Ernakulam is granted time till 26th February, 2009 to deposit

a sum of Rs.1,00,000/- ordered by the Court.

(2) Judicial First Class Magistrate-III, Aluva is directed

to release him forthwith with a direction to appear before the

Court on 26.2.2009 for deposit of the amount.

(3) The other conditions namely execution of bond

with solvent sureties for a sum of Rs.2,00,000/- each has to

be carried out as per the order of the appellate Court.

The CRL.M.C. is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-(Hand over)