High Court Kerala High Court

Sunny Thomas vs State Of Kerala on 21 August, 2008

Kerala High Court
Sunny Thomas vs State Of Kerala on 21 August, 2008
       

  

  

 
 
  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.
            -------------------------------------------------
                  Crl.M.C. No. 3188 of 2008
            -------------------------------------------------
         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