IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4339 of 2008() ------------------------- CRA.265/2008 of SESSIONS COURT, PATHANAMTHITTA (CMP.1955/2008) .................... PETITIONER(S): PETITIONER/APPELLANT ----------------------------------- GRACY CHERIAN, AGED 74 YEARS, MAMOOTTIL VEEDU, CHANDANAPPALLY P.O., PATHANAMTHITTA DISTRICT, NOW RESIDING AT MYNAGAM, T.V.STATION ROAD, KUDAPPANAKKUNNU P.O. THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): COUNTER PETITIONER/RESPONDENTS --------------------------------------------- 1. AJITH THOMAS, THOPPIL KALATHIL, KALPAKA BUILDINGS, KARUVATTA MURI, ADOOR. 2. STAET OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4339 of 2008 ------------------------------------- Dated this the 13th day of November, 2008 ORDER Petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. The petitioner is a woman, who has passed 75 years and is allegedly afflicted with geriatric ailment. Her personal presence was dispensed with by the court below. Even the judgment was passed in her absence, it is submitted. Be that as it may, the petitioner preferred an appeal. The appeal was admitted. Execution f the sentence was suspended on conditions. A condition was imposed that the petitioner must execute a bond for Rs.25,000/- with two solvent sureties. According to the petitioner, her physical condition does not enable her to travel to the court to execute the bond. In these circumstances, the short prayer is that subject to any appropriate condition, the petitioner may be saved of the obligation to appear before the court below to execute the bond. 2. In the course of discussions at the Bar, the learned counsel for the petitioner submits that to show the bona fides of Crl.M.C. No.4339 of 2008 2 the petitioner, the petitioner shall deposit before court an amount of Rs.50,000/- as cash security. 3. That offer does convince me of the bona fides of the petitioner. I am satisfied that the condition imposed can be modified. Execution of the impugned sentence shall now stand suspended on condition that the petitioner makes a deposit of cash security of Rs.50,000/- (Rupees Fifty thousand only) before the court below within a period of 15 days from this date. 4. This Crl.M.C is, in these circumstances, allowed to the above extent. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-