IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1447 of 2009() -------------------------------------- AGAINST THE ORDER DATED 9/8/08 IN CRL M.P NO.942/2009 IN CRL APPEAL NO. 113/2009 PENDING ON THE FILES OF THE ADDL. SESSIONS JUDGE II, THIRUVANANTHAPURAM. PETITIONER/PETITIONER/APPELLANT: ------------------------------------------------------- AJITHA.A.N.,TC 14/1284,OBRAC 76, NEAR VALSALA NURSING HOME, THYCAUD,THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDEN/COUNTER PETITIONER/RESPONDENT & STATE: ------------------------------------------------------------------------------------------- 1. ANITH KUMAR.A.S., KADAPPATHALA HOUSE, DEVI NAGAR,NO.159,KOWDIAR,THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. AMJED ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C. 1447 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of April, 2009 O R D E R Notice to the 1st respondent/complainant is dispensed with. 2. Petitioner who is a lady is the accused in S.T. No.402/2008 on the file of the Judicial First Class Magistrate Court-X, Thiruvananthapuram. The prosecution is under section 138 of the Negotiable Instruments Act, involving a cheque for Rs.2,00,000/-. She was convicted by the learned Magistrate. Aggrieved by the conviction, she preferred Crl.A. No. 113/2009 before the Sessions Court, Thiruvananthapuram. As per Annexure-A order dated 5-2-2009 passed in Crl.M.P. No.341/2009, the learned Sessions Judge was pleased to suspend the sentence on condition that the petitioner executes a bond for Rs.20,000/- with two solvent sureties for the like amount each to the satisfaction of the trial court within one month from that date. The petitioner who was unable to execute the bond within the time limit fixed by the lower appellate court, due to medical grounds, moved the learned Sessions Judge for enlargement of time. The said application has been allowed Crl.M.C. 1447/09 -2- imposing a condition to deposit a cash security of Rs.10,000/- before the trial court. The said order is assailed in this Cr.M.C. 2. If the accused is in custody, the Sessions Judge has no right to fix a time limit for executing the bond (Vide Raghubir Singh V. State of Bihar - AIR 1987 SC 149). Even if a time limit could be fixed for executing the bail bond by an accused who is not in custody, the court below was not justified in penalizing the petitioner by an order for cash security of Rs.10,000/- while enlarging the time for executing the bail bond. 3. If that be so, the condition imposed by the learned Addl. Sessions Judge, while granting enlargement of time is not sustainable. The said order dated 8-4-2009 is, accordingly, set aside and the petitioner is permitted to execute the bond as early as possible, failing which she shall be liable to be arrested in execution of the judgment of the trial court. The Crl.M.C. is disposed of as above. V.RAMKUMAR, JUDGE. mn.