Thomas K.J vs The Federal Bank Ltd
2021 Latest Caselaw 9987 Ker

OP(Crl.) 145/2021                               1/3



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              Present:
                       THE HONOURABLE MR.JUSTICE V.G.ARUN

                    Wednesday,the 24th day of March 2021/3rd Chaithra, 1943
                               OP(Crl.) No.145/2021
       Crl.MP.No.131/2021 in Crl.A.No.7/2021 of the ADDITIONAL SESSIONS
             For information purpose only
                             COURT-I, KOTTAYAM
                                   ----------------
PETITIONER/PETITIONER :

        THOMAS K.J.,
        AGED 57, S/O. JOSEPH,
        KUNNAPPALLIL HOUSE,
        PANACHIKKAD, KUZHIMATTOM P.O.,
        KOTTAYAM.

RESPONDENTS/RESPONDENTS :

1.     THE FEDERAL BANK LTD.
       REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER,
       ASSET RECOVERY BRANCH, KOTTAYAM, C.M.BOSE,
       AGED 52 YEARS, S/O.MATHEW, PIN - 686 001.

2.     STATE OF KERALA,
       REPRESENTED BY PUBLIC PROSECUTOR,
       HIGH COURT OF KERALA, ERNAKULAM-682031.

        Petition praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to stay the condition imposed to deposit Rs.10,00,000/- within 60 days from
the date of the order as condition for suspension of sentence in ST.No.84/2018 on the Judicial
1st Class Magistrate Court-V, Kottayam, during the pendency of the above Original Petition
(Crl.) to meet the ends of justice.


        This Original Petition (Criminal) coming on for orders upon perusing the petition and
the affidavit filed in support thereof, and upon hearing the arguments of SRI.P.V.GEORGE
(PUTHIYADOM), Advocate for the petitioner and the PUBLIC PROSECUTOR for the 2nd
respondent, the court passed the following.
 OP(Crl.) 145/2021                          2/3




Exhibit P6:       True copy of the order dated 28.01.2021 passed in Crl.MP.No.131/2021 by
the Additional Sessions Court No.1, Kottayam.



             For information purpose only
                               V.G.ARUN, J.
               -----------------------------------------------
                      O.P(Crl).No. 145 of 2021
               -----------------------------------------------
              Dated this the 24th day of March, 2021

          For information
                     ORDER

purpose only Admit. Advocate Sri.Leo George takes notice for the 1 st

respondent. Public Prosecutor takes notice for the 2 nd respondent.

Coercive steps based on Exhibit P6 and execution of the warrant

based on the sentence imposed as per the judgment in S.T.No.84 of

2018 on the files of the Judicial 1 st Class Magistrate Court No.V,

Kottayam shall be kept in abeyance, subject to the petitioner remitting

Rs.5 lakhs towards the first instalment of the amount stipulated in

Exhibit P6 within a period of one month from today. If such amount is

paid within one month, the direction to keep the coercive steps in

abeyance shall continue to be in force for another one month, within

which the petitioner should remit the balance amount of Rs.5 lakhs.

Sd/-

                                         V.G.ARUN, JUDGE

vgs




                                   /true copy/     Sd/- ASSISTANT REGISTRAR