IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 CRL.MC.NO. 1814 OF 2011() ------------------------------------------ CRA.163/2011 OF SESSIONS COURT, KOTTAYAM CC.266/2010 OF JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER(S): ------------------------ BIJU @ BINU, AGED 21 YEARS, S/O.FRANCIS,VAZHAKKALA COLONY VYALA P.O.,ELACKADU VILLAGE, KOTTAYAM DIST (NOW RESIDING AT MAATHETTU HOUSE) ETTUMANNOOR VILLAGE BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): ------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SHRI MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- ANNEXURE-A1 TRUE COPY OF THE ORDER DATED 12.5.2011 IN C.C.NO. 266 OF 2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ETTUMANOOR. ANNEXURE-A2 TRUE COPY OF THE ORDER DATED 21.5.2011 IN CRL. M.P. NO.1609 OF 2011 IN CRL. APPEAL NO.163 OF 2011 OF SESSIONS COURT, KOTTAYAM DIVISION. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1814 of 2011 -------------------------------------- Dated this the 17th day of June, 2011. ORDER Petitioner is the second accused in C.C. No.266 of 2010 of the court of learned Judicial First Class Magistrate-I, Ettumanoor and was convicted and sentenced for offences punishable under Sections 457, 461 and 380 read with Section 34 of the Indian Penal Code. Apart from the substantive sentence petitioner has to pay a total sum of `.25,000/- by way of fine on various counts. Petitioner challenged his conviction and sentence before learned Sessions Judge, Kottayam in Crl.Appeal No.163 of 2011 and moved Crl.M.P.No.1609 of 2011 for suspension of sentence. Learned Sessions Judge by Annexure-A2, order dated May 21, 2011 suspended the sentence subject to conditions which included that petitioner shall deposit the entire fine amount in the trial court within a month. Petitioner is aggrieved by that condition. Learned counsel submitted that petitioner comes from poor circumstances and is unable to raise the amount. I have heard learned Public Prosecutor also. 2. Having regard to the difficulties of the petitioner stated I am inclined to modify the condition requiring petitioner to deposit `.15,000/- within a month from this day. Crl.MC No.1814/2011 2 Resultantly this Criminal Miscellaneous Case is allowed in part and Annexure-A2, order dated May 21, 2011 on Crl.M.P.No.1609 of 2011 in Crl.Appeal No.163 of 2011 of learned Sessions Judge, Kottayam is modified to the extent that instead of depositing entire fine amount petitioner shall deposit `.15,000/- (Rupees Fifteen thousand only) within a month from this day. Petitioner shall execute bail bond within two weeks from this day as directed by learned Sessions Judge subject to his depositing `.15,000/- within the time aforesaid. THOMAS P.JOSEPH, Judge. cks