IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Crl.MC.No. 4109 of 2011() ------------------------------- CRA.356/2011 of SESSIONS COURT, PALAKKAD SC.672/2007 of ASSISTANT SESSIONS COURT, OTTAPPALAM .................... PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------- PONNI @ KARUTHA PONNI, AGED 44, D/O.KAKKI, W/O. PANALI, KAKKUPPADI OORU, KAKKUPPADI, AGALI. BY ADVS. SRI.SANTHOSH.P.PODUVAL SMT.R.RAJITHA RESPONDENT/RESPONDENT/COMPLAINANT --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV.SMT.SMITHA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG Crl.MC.No. 4109 of 2011() APPENDIX PETITIONER(S) EXHIBITS: ANNEXURE A : COPY OF THE JUDGMENT DTD.11.2.2011 IN SC 672/07 OF THE ASST.SESSIONS JUDGE, OTTAPPALAM. ANNEXURE B : A COPY OF THE ORDER DTD.5.8.2011 IN MP NO.2289/11 IN CRL.APPEAL NO.356/11 OF SESSIONS COURT, PALAKKAD. RESPONDENTS' EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4109 of 2011 ------------------------------------------ Dated this the 1st day of December, 2011 ORDER While suspending sentence, the learned Sessions Judge imposed a condition directing the petitioner to deposit Rs. 30,000/- (Rupees Thirty thousand only) before the court below. The allegation against the petitioner is that she was found in possession of 2.5 litres of illicit arrack. The learned counsel for the petitioner submits that because of financial difficulties, the petitioner could not raise the amount. She is a poor and unemployed lady. If the amount could not be remitted, she may have to remain in jail and so the prayer in this petition is to delete the condition imposed by the learned Sessions Judge. Considering all the aspects, the condition is modified directing the petitioner to remit Rs.10,000/- (Rupees Ten thousand only) within one month from today. N.K. BALAKRISHNAN, JUDGE smvd