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.
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CRL.M.C. NO. 709 OF 2009
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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)