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Royal Timber World vs M.V.Poulose
2022 Latest Caselaw 6847 Ker

Citation : 2022 Latest Caselaw 6847 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Royal Timber World vs M.V.Poulose on 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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