IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.MC.No. 2991 of 2008() ------------------------- CRA.617/2008 of SESSIONS COURT, KOZHIKOE ST.298/2007 of J.F.C.M (MARAD CASES), KOZHIKODE .................... PETITIONER: PETITIONER ---------------------- MAVILI PRABHAKARAN, AGED 67 YEARS, S/O.SANKARAN NAIR, ERANTHODE, VALAMBOOR P.O. ANGADIPPURAM, PERINTALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS: RESPONDENTS ------------------------ 1. JICKY JOHN, S/O.JOHN, MANAGING PARTNER, M/S.SUPER COMPUTER FORMS, DREAM LAND BUILDING, KALOOR BAZAR ROAD, MANKAVU, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2991 of 2008 ---------------------------------------- Dated this the 7th day of August 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal before Sessions Court. That appeal was admitted. His application for suspension of sentence was also allowed subject to conditions. The petitioner has been directed to execute a bond for Rs.50,000/- with two solvent sureties. He has been further directed to deposit an amount of Rs.50,000/-. It was further directed that the sureties of the accused must produce the title deeds of the property. It was also directed that on production of the attested photocopy of the original title deeds, the originals can be returned. 2. According to the petitioner, he is unable to comply with this direction. The petitioner is willing to offer adequate sureties. Two persons with employment under Government can be offered as sureties. The specification of the nature of the sureties in the impugned order by the Sessions Court makes it impossible for the learned Magistrate to accept the same. In these circumstances, it is prayed that appropriate modification of the conditions may be made. Crl.M.C.No.2991/08 2 3. I find merit in the prayer of the learned counsel for the petitioner. I am satisfied that it can be directed that instead of sureties with property, the petitioner shall be at liberty to produce sureties having stable and secured employment under the Government and the learned Magistrate must consider whether such sureties can be accepted on merits and in accordance with law. 4. The learned counsel for the petitioner prays that the amount directed to be deposited may also be modified. I find no reason whatsoever to do so. If the petitioner is not able to remit the amount as directed, he can forthwith make an application for expeditious disposal of the appeal and the learned Magistrate, if such request is made, must ensure that the appeal is disposed of as expeditiously as possible. 5. This Crl.M.C is allowed to the above extent. 6. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2991/08 3 Crl.M.C.No.2991/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008