IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.MC.No. 2627 of 2008() ------------------------- AGAINST THE ORDER IN CRMP.1752/2008 IN CRA.566/2008 of SESSIONS COURT, KOZHIKOE .................... PETITIONER: ------------ SHYAMALA, 68 YEARS, W/O.PADMANABHAN, ATHENA, C.H.NAGAR HOUSING COLONY, KOZHIKODE. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------- 1. JENSON MATHEW, S/O.MATHUKUTTY CHEERANS, MARIKUNNU PO., CHEVAYUR AMSOM AND DESOM, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2627 of 2008 ---------------------------------------- Dated this the 14th day of July 2008 O R D E R The petitioner, a woman, has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. She preferred an appeal. That appeal was admitted. Her application for suspension of the sentence was allowed subject to conditions. She was directed to execute a bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the learned Magistrate and was directed to deposit Rs.1,00,000/-. The petitioner has no grievance against these conditions; but the petitioner is aggrieved by the further condition that the sureties must produce the title deeds of their property. The learned counsel for the petitioner submits that there is absolutely no justification in such insistence. The other conditions imposed are more than sufficient to secure the presence of the petitioner as and when required before the appellate court or the trial court. 2. Having considered all the relevant circumstances, I find merit in that submissions of the learned counsel for the Crl.M.C.No.2627/08 2 petitioner. I am satisfied that the condition deserves to be modified and it need only be directed that the bond must be executed by the petitioner along with two solvent sureties to the satisfaction of the learned Magistrate. 3. This Crl.M.C is accordingly allowed to the above extent. (R.BASANT, JUDGE) jsr Crl.M.C.No.2627/08 3 Crl.M.C.No.2627/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008