Gipson Peter @ Roshan vs State Of Kerala
2024 Latest Caselaw 32347 Ker

Kerala High Court

Gipson Peter @ Roshan vs State Of Kerala on 8 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         Friday, the 8th day of November 2024 / 17th Karthika, 1946
                  IA.NO.1/2024 IN OP(CRL.) NO. 662 OF 2024
                   MC 42/2020 OF FAMILY COURT,ERNAKULAM,
APPLICANT/PETITIONER/RESPONDENT:-

     GIPSON PETER @ ROSHAN, AGED 34 YEARS, S/O.JAISON JOSEPH,
     POTHAMPILLY HOUSE, SDPY ROAD, PALLURUTHY.PO, ERNAKULAM-682007. NOW
     RESIDING AT ANCHUTHYKAL HOUSE, SAUDI.PO, BEACH ROAD, THOPPUMPADY.PO,
     ERNAKULAM , PIN - 682006

RESPONDENT/RESPONDENTS/STATE/PETITIONERS:

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM , PIN - 682011.
  2. KRISHNENDU.T.S, AGED 32 YEARS, D/O.UNNIKRISHNAN.T.K, THULAMPARAMBIL
     HOUSE, CHERANELLORE.PO, ERNAKULAM-682034. NOW RESIDING AT CMC
     NO-36/388, PANAMPILLY NAGAR, ELAMKULAM VILLAGE, KANYANNOOR TALUK,
     ERNAKULAM , PIN - 682036
  3. JUAN GIPSON, AGED 9 YEARS, S/O.GIPSON PETER, REPRESENTED BY
     GUARDIAN AND MOTHER- KRISHNENDU.T.S, AGED 32 YEARS,
     D/O.UNNIKRISHNAN.T.K, CMC NO-36/388, PANAMPILLY NAGAR, ELAMKULAM
     VILLAGE, KANYANNOOR TALUK, ERNAKULAM , PIN - 682036

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time for
making balance payment of Rs. 75,000/-(Rupees Seventy Five Thousand)as
directed by Honble Court in the interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S S.SUNIL KUMAR (PALAKKAD), LEKSHMI S.SEKHER, K.J.SUNIL, FEMY
M.ANTONY and VISHNU MOHAN DEV, Advocates for the petitioners, the court
passed the following:
                             BECHU KURIAN THOMAS, J.
                           ---------------------------------------
                                   I.A. No.1 of 2024
                                             IN
                              O.P.(Crl.) No.662 of 2024
                           ---------------------------------------
                       Dated this the 8th day of November, 2024


                                            ORDER

This is an application to extend the time for payment of the

amount mentioned in the judgment dated 24.09.2024.

2. As per the aforesaid judgment, petitioner was directed to

deposit Rs.1,00,000/- on or before 04.10.2024 and a further sum of

Rs.1,00,000/- on or before 30.10.2024. It is submitted by the learned

counsel for the petitioner that the first instalment was paid within time.

However, the second instalment could not be paid in full, as only

Rs.25,000/- was deposited before the trial court on 29.10.2024.

3. Having regard to the submission of the learned counsel for the

petitioner, I am of the view that a lenient view can be adopted and the

petitioner can be granted time till 22.11.2024 to deposit the balance

amount of Rs.75,000/- due as per the direction in the order dated

24.09.2024. Since petitioner himself has committed default in payment,

the time to dispose of the application in the aforesaid order shall stand

extended correspondingly.

The interlocutory application is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/08.11.24.

08-11-2024 /True Copy/ Assistant Registrar