IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Crl.MC.No. 3100 of 2008() ------------------------- CC.80/2003 OF J.F.M.C.-I, KANNUR .................... PETITIONER(S): ACCUSED NO.6 --------------------------- C.P.APPANA, AGED 89 YEARS, S/O.LATE PONNAPPA, CHETTALI ESTATE, CHETTALI, KODAGU, KARNATAKA STATE. BY ADV. SRI.SARITHA DAVID CHUNKATH RESPONDENT(S): PETITIONERS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. 2. MR.SADANANDAN, AGE NOT KNOWN, S/O.LATE P.AMBUKUTTY, 11 F, AISHWARYA, NEAR GOVERNMENT GUEST HOUSE, KANNUR. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB SRI.SARVOTHAMAN FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/12/2008, ALONG WITH CRMC NO. 3102 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 3100, 3102, 3105, 3106 & 3107 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2008 O R D E R The 1petitioner in these five Crl.M.Cs. face identical prosecutions, all pending before the learned J.F.M.C.-I, Kannur. The petitioner is said to be a person aged about 90 years. He applied for exemption under Section 205 Cr.P.C. The learned Magistrate by the impugned identical orders directed that a bond be executed by the sureties depositing an amount of Rs.15,000/- each. The learned counsel for the petitioner submits that the condition imposed is too onerous. The petitioner is unable to comply with the condition imposed. The same may be modified, it is prayed. 2. I have considered all the relevant circumstances. I am satisfied that the petitioner can be exempted from appearance without insisting on execution of any bond on condition that the petitioner deposits an amount of Rs.7,500/- in each of these five cases. 2 3. These Crl.M.Cs. are accordingly allowed. The petitioner shall be exempted from appearance and shall be permitted to appear through counsel until further orders of the learned Magistrate on condition that he deposits an amount of Rs.7,500/- as security in each of these five cases. (R. BASANT) Judge tm 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 3100, 3102, 3105, 3106 & 3107 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R Notice given. The learned P.P. shall take instructions. Call on 26.8.2008. The direction that the petitioner must deposit an amount of Rs.30,000/- in each of these cases shall not be enforced till the next date of posting. (R. BASANT) Judge tm