IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1139 of 2010()
1. MANI DEEPA, D/O. KANNAN,
... Petitioner
2. P.VASUMATHI, D/O. KUNHIRAMAN,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. P.P.MANOJ, S/O.BHASKARAN,
For Petitioner :SRI.SUNIL NAIR PALAKKAT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/05/2010
O R D E R
*Crl.M.C.*RAMKUMAR,*J.2010*
* * *V. * * * * * * *
* * * *
* * * * * * *No.*1139*of* * * * *
* * * *
Dated, this the 19th day of May, 2010
ORDER
Petitioners are the sureties of the 2nd respondent herein
who was allowed interim custody of an indigo car bearing Reg.
No. KL/13/L/3321. Consequent on the second respondent failing
to produce the car before Court, proceedings were initiated
against the petitioners by the J.F.C.M. I, Kannur. The bond
amount was Rs. 1,00,000/-. As per Annexure A3 Order dated 11-
8-2008 the J.F.C.M. I, Kannur imposed the entire bond amount
of Rs. 1,00,000/- as penalty on each of the petitioners. Aggrieved
by the said order, the petitioner preferred Crl.A. No. 433 of
2009 before the Sessions Court, Thalassery under Sec. 449
Cr.P.C. seeking an interim stay of the trial Court’s order. As per
the impugned order (Annexure A5) dated 29-9-2009 the learned
Sessions Judge has granted a stay on condition that each of the
petitioners deposits before the trial court a sum of Rs. 15,000/-
towards penalty. It is the said order which is assailed in this Crl.
Crl.M.C. No. 1139 of 2010 -:2:-
M.C.
2. The learned counsel for the petitioner submitted that
the petitioners are not in a position to pay the said amount and
that appropriate directions may be given to the Sessions Court to
dispose of the appeal itself after exempting the petitioners from
the payment of interim penalty.
3. I am unable to agree with the above submissions. I
am, however, inclined to give the petitioners further time to
deposit the sum of Rs. 15,000/- (Rupees fifteen thousand only)
fixed by the Sessions Court. The petitioners are given three
months time from today to deposit the penalty amount.
This Crl. M.C. is disposed of as above.
Dated this the 19th day of May, 2010.
V. RAMKUMAR,
(JUDGE)