Citation : 2022 Latest Caselaw 6847 Ker
Judgement Date : 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944
CRL.M.APPL.NO.3/2022 in CRL.M.A 2/2022 IN CRL.REV.PET NO. 245 OF 2022
CC 1715/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL
CRA 53/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH PARAVUR
PETITIONERS/REVISION PETITIONERS:
1. ROYAL TIMBER WORLD, TRIPANGOTT, THIRUNAVAYA, KODAKKAL, PIN CODE-676
108, REPRESENTED BY ITS AUTHORIZED SIGNATORY C.P.BAVA HAJI, AGED
58/16, S/O.CHERUPARAMBIL AHAMMED HAJI.
2. C.P.BAVA HAJI, AGED 58/16, S/O.AHAMMED HAJI, ROYAL TIBER WORLD,
PARTNER, CHERUPARAMBIL (H), THIRUNAVAYA, PIN CODE-676 108.
3. SALMATH, AGED 56/16, W/O.C.P.BAVA HAJI, ROYAL TIBER WORLD, PARTNER,
CHERUPARAMBIL (H), THIRUNAVAYA, PIN CODE-676 108.
4. AFSAL, AGED 38/16, S/O.C.P.BAVA HAJI, ROYAL TIBER WORLD, PARTNER,
CHERUPARAMBIL (H), THIRUNAVAYA, PIN CODE-676 108.
RESPONDENTS/RESPONDENTS:
1. M.V.POULOSE, AGED 71/16, S/O.MALIEKKAL VARGHESE, PROPRIEOR, JANATHA
TIMBER DIPPO, VALAPPU, MALIPPURAM, ELAMKUNNAPUZHA VILLAGE, KOCHI
TALUK, PIN CODE-682 511.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
Application praying that in the circumstances stated therein the
High Court be pleased to grant one month more time for complying the order
passed in CrlMA No.1 of 2022 in the above Criminal Revision Petition.
This Application again coming on for orders upon perusing the
application this Court's order dated 07/04/2022 in CrlMA 2/2022, and upon
hearing the arguments of K.V.VINOD, ANAND SANKAR, Advocates for the
petitioners,PUBLIC PROSECUTOR for the 2nd respondent,the court passed the
following:
MARY JOSEPH, J
----------------------------------------------
Crl.M.A.No.03 of 2022
in
Crl.M.A.No.02 of 2022
in
Crl.R.P.No.245 of 2022
-----------------------------------------------
Dated this the 14th day of June, 2022
ORDER
This petition is filed under Section 482 of the Code of Criminal
Procedure, 1973 (for short 'Cr.P.C') seeking for enlargement of time.
2. According to the petitioners, at the time when the
revision petition was admitted while suspending the execution of the
sentence, this Court has directed them to execute a bond for
Rs.50,000/- with two solvent sureties each for the likesum to the
satisfaction of the trial court and also to deposit 30% of the amount
ordered to be paid by the impugned judgment as compensation
within a period of two months. According to the petitioners, the
order was passed on 07.04.2022 and time of two months granted,
already expired on 07.06.2022. The petitioners could not comply
with the direction to deposit 30% of the amount as directed by the Crl.M.A.No.3/2022 in Crl.M.A.No.02/2022 in Crl.R.P.No.245/2022
impugned judgment and therefore, enlargement of time is
sought.
Petition stands allowed and two weeks' time is granted to
deposit 30% of the compensation amount. In case of failure of
the petitioner to pay the amount, the impugned order would be
cancelled automatically.
Sd/-
MARY JOSEPH JUDGE NAB
14-06-2022 /True Copy/ Assistant Registrar
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