IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4972 of 2010() ---------------------------------------- CMP.NO.3737/2008 IN CRA NO.510/2010 OF SESSIONS COURT, KOTTAYAM ..... PETITIONER(S): ------------------------- JINISH, AGED 25, S/O.MATHEW, PAYYAMPALLIL HOUSE, KIZHAKKUMBHAGOM VILLAGE, KANJOORPANAPPURAM KARA. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PUBLIC PROSECUTOR, DISTRICT AND SESSIONS COURT, KOTTAYAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4972 OF 2010 =========================== Dated this the 20th day of December,2010 ORDER The sentence awarded in C.C.277/2008 on the file of Judicial First Class Magistrate Court, Ettumanoor was suspended by Additional Sessions Judge, Kottayam by Annexure A1 order in Crl.A.510/2010. Petition is filed under section 482 of Code of Criminal Procedure to modify the condition in Annexure A1 that one of the surety shall be the father of the petitioner. Learned counsel appearing for the petitioner submitted that father of the petitioner was undergoing treatment for mental illness and in such circumstances, the direction that father of the petitioner shall be a surety is to be deleted. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor Crl.M.C.4972/2010 2 were heard. 3. The direction in Annexure A1 order that father of the petitioner shall be a surety is modified to the effect that if father is suffering from mental illness, learned Sessions Judge to release the petitioner if bond is executed by two solvent sureties. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006