IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 3567 of 2008() ------------------------- CC.69/2008 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- SOBI GEORGE, AGED 40 YEARS, S/O. GEORGE KAKKARATH HOUSE, NELLIMATTOM, KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHERRY JOSE, ARAMPULICKAL HOUSE, CHEMPILAVU.P.O, CHERPUNCAL, KOTTAYAM DISTRICT. ADV. SRI.SUNIL CYRIAC FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3567 of 2008 ---------------------------------------- Dated this the 18th day of November 2008 O R D E R The petitioner was granted bail in crime No.243/08 in which final report has already been filed and C.C.No.69/08 was registered. The respondent, that is CW2 in that crime, had filed an application that the condition of bail may be modified to oblige the petitioner herein to deposit an amount of Rs.5.5 lakhs which is allegedly due to CW2/the respondent herein. 2. Before the learned Magistrate, time was sought to make the payment. An amount of Rs.50,000/- was straight away paid. Three months time was granted. 3. According to CW2, out of the amount of Rs.5.5 lakhs which is due, only an amount of Rs.50,000/- has been paid and a balance amount of Rs.5,00,000/- remains to be paid. On the contrary, the petitioner contends that to CW2, only an amount of Rs.3.5 lakhs is the total amount payable, towards which he has already paid an amount of Rs.1,00,000/- including the amount of Rs.50,000/- which is admitted by CW2. As the petitioner did not pay the amount within the stipulated period of three months, the Crl.M.C.No.3567/08 2 learned Magistrate has directed issue of non-bailable warrant against the petitioner and notice to his sureties. 4. The learned counsel for the petitioner submits that this court may take note of the bona fides shown by the petitioner who has settled the claims of all the other claimants in different crimes. The petitioner is now unable to raise the admitted amount of Rs.2.5 lakhs. He may be given reasonable further time to make the payment of the said admitted amount of Rs.2.5 lakhs. Till then, he may be permitted to continue on bail. 5. The learned counsel for the respondent/CW2 asserts that an amount of Rs.5,00,000/- is due; but submits that in any case, the petitioner, as condition to remain on bail, may be directed to pay at least the admitted amount of Rs.2.5 lakhs. 6. After discussions at the Bar, taking note of all the relevant circumstances, I am satisfied that this Crl.M.C can be allowed and appropriate directions can be issued. 7. In the result, a) This Crl.M.C is allowed. b) The petitioner shall be permitted to continue on bail in C.C.No.69/08 on the following further conditions: Crl.M.C.No.3567/08 3 i) He shall deposit an amount of Rs.1,00,000/- before the learned Magistrate within a period of one month from this date. ii) He shall deposit a further amount of Rs.1.5 lakhs before the learned Magistrate within a period of two months from this date. 8. If the petitioner deposits such amounts, the petitioner shall be permitted to continue on bail and action contemplated against the petitioner and his sureties shall not be proceeded with. The amount deposited can be released to the respondent (CW2) subject to appropriate conditions by the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3567/08 4 Crl.M.C.No.3567/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008