REETHA JAMES Vs. SEBASTIAN MATHEW

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure filed by the petitioner, wife of one Dr. C.V.James. Dr. C.V.James is in jail serving a sentence imposed by the Judicial First Class Magistrate's Court III, Kanjirappally. He has been found guilty of committing an offence under Section 138 of the Negotiable Instruments Act. Dr. C.V.James has challenged the conviction and the sentence imposed on him by filing Crl.Appeal No.218 of 2012, that is pending before the Sessions Court, Kottayam. As per AnnexureA1 order in Crl.M.P No.2358 of 2012, the sentence against Dr. C.V.James was suspended on condition that he deposits an amount of Rs.1,25,000/- (Rupees One lakh twenty five thousand only) before the trial court within a period of one month. Since the condition was not complied with, Dr. C.V.James is in jail.

(2.) Heard. What the petitioner essentially seeks is for a variation of the interim order, Annexure-A1, passed by the Sessions Court, Kottayam. She is ready to deposit the amount that has been directed to be deposited as a condition for the release of her husband. Since Dr. C.V.James is the appellant in Crl.Appeal No.218 of 2012, a petition would have to be filed by the said person. Such a petition can be filed, with the permission of the Superintendent of the Jail. The present petition, as framed, is not maintainable at the instance of the wife.