Geevar P.S v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 3189 of 2015 () --------------------------- AGAINST THE ORDER IN CRL.M.P. NO. 2974/2014 IN CRL.A 511/2014 OF SESSIONS COURT, ERNAKULAM DATED 14-11-2014 ----------------- PETITIONER :

--------------------- GEEVAR P.S., S/O.SEEMON, AGED 45 YEARS AL HILAL TRUST BUILDING (AL HILAL TRUST) KANNACHAN ROAD, 1ST CROSS ROAD, AYYAPPANKAVU ERNAKULAM.

BY ADV. SMT.K.M.RASHMI (PARAVOOR) RESPONDENTS :

--------------------------

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. M/S SREE GOKULAM CHIT AND FINANCE CO.(P) LTD., HAVING CORPORATE OFFICE AT NO.66, ARCOT ROAD CHENNAI-24 HAVING DIVISIONAL OFFICE AT SHERATIN BUILDING JOSE JUNCTION, M.G.ROAD, ERNAKULAM - 16 HAVING BRANCH AT BROADWAY REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MANOJ KUMAR, S/O.K.M.BALAN, AGED 34 YEARS - 682 016. R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 3189 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

------------------------------------------- ANNEXURE I. ORDER PASSED BY THE PRINCIPAL SESSIONS COURT, ERNAKULAM DATED 14.11.2014.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3189 of 2015 ================== Dated this the 2nd day of June, 2015

O R D E R

The prayer in this Crl.M.C. is for a direction to enlarge the time limit imposed in Anx.I order dated 14.11.2014 on Criminal Miscellaneous Petition No.2974/2014 in Crl.Appeal No.511/2014 by the Court of Sessions, Ernakulam. As per the Anx.I order, the Sessions Court, Ernakulam, passed order in the above said Crl.M.P. in the above Criminal Appeal ordering that the impugned sentence imposed on the petitioner for the offence under Sec.138 of the Negotiable Instruments Act as per the impugned judgment will stand suspended and that the petitioner will be released on bail on his executing a bond with two solvent sureties for Rs.15,000/- each and also on his making a deposit of Rs.50,000/- of the compensation amount within one month, in the trial court. It is averred by the petitioner that the lawyer appointed by the Legal Services Authority appeared for him and since he did not communicate the details of the said Anx.I order, the petitioner could

Crl.M.C.3189/15 - : 2 :- not execute the bail as stipulated within the time limit imposed in Anx.I order. It is accordingly prayed that the petitioner is ready to execute the bail bond and that the non-compliance of the said direction within the time limit imposed in Anx.I order was not wilful and was not deliberate. Accordingly, it is prayed that this Court may pass orders enlarging the time limit imposed, for compliance of Anx.1 order.

2.

Heard Smt.K.M.Rashmi, learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the 1st respondent State of Kerala.

3.

Taking into consideration the above plea made by the petitioner it is ordered in the interest of justice that the time limit imposed in Anx.I order for making the deposit of Rs.50,000/-, will stand extended upto 30.6.2015. It is made clear that no further extension of time will be granted.

Anx.I order will thus stand modified to the above extent. Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge

Crl.M.C.3189/15 - : 3 :-