IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3124 of 2007()
1. PRADEEP, S/O PRABHAKARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/10/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3124 of 2007
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Dated this the 10th day of October, 2007
O R D E R
The petitioner has been found guilty, convicted and sentenced in
a prosecution under Section 138 of the Negotiable Instruments Act.
He preferred an appeal. The appellate Judge directed that the
sentence shall stand suspended on condition that the petitioner
executes a bond for Rs.5,000/- with 2 solvent sureties each for the like
sum. The petitioner has not so far executed the bond. He is now
willing to execute the bond. In the meantime, a warrant of arrest has
been issued against the petitioner to arrest him and to compel him to
suffer the sentence. The petitioner is now willing to surrender before
the learned Magistrate and execute the bond as directed. But he
apprehends that the learned Magistrate may not permit him to
execute the bond and may remand him to custody.
2. I find the apprehension of the petitioner to be totally
unjustified. No time limit has been prescribed by the learned
Magistrate to execute the bond. It is for the petitioner to appear
before the learned Magistrate and execute the bond along with two
sureties. When the petitioner so appears, the learned Magistrate
Crl.M.C.No.3124 of 2007 2
must permit him to execute the bond, if the learned Magistrate is
satisfied about the sureties as directed in the order dated 27.02.2006
in Crl.M.P.No.552 of 2006 by the learned Sessions Judge and if there
be no subsequent orders modifying the said order.
(R.BASANT, JUDGE)
rtr/-