IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3607 of 2011() ------------------------- (CMP NO.2591/2011 IN CRL.APPEAL NO.358/2011 OF THE DISTRICT AND SESSIONS JUDGE, KOLLAM & ST NO.111/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOLLAM) ------------------------ PETITIONER(S): ACCUSED ---------------------- KRISHNAKUMAR S., AGED 53 YEARS, LAKSHMI BHAVANAM, RTA 182, THEKKEVILA P.O., KOLLAM. BY ADV. SRI. THYPARAMBIL THOMAS THOMAS RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 687 031. 2. BALAKRISHNA PILLAI, SUNIL MANDIRAM, KUNDARA P.O., KOLLAM-691 501. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA Crl.MC.No. 3607 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : COPY OF THE ORDER DATED 04.10.2011 IN CMP NO.2591/2011 IN CRL.APPEAL NO.358/2011 COURT OF THE DISTRICT AND SESSIONS JUDGE-1, KOLLAM. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3607 of 2011 ----------------------------------- Dated this the 24th day of October 2011 O R D E R The accused was sentenced by the learned Magistrate to pay/deposit Rs.75,000/-, the cheque amount as compensation. While suspending the sentence, the learned Sessions Judge ordered 1/5 th of the compensation amount to be paid within one month from the date of the order. The order was passed on 4.10.2011. 2. The argument advanced by the learned counsel for the petitioner that the direction is harsh, cannot be sustained. The other contention is that the petitioner is a coolie by profession and so he is not in a position to deposit the amount as directed by the learned Sessions Judge. I find no merit in that plea. However, the petitioner is permitted to deposit Rs.5,000/- on or before 5.11.2011, another sum of Rs.5,000/- on or before 15.11.2011 and the remaining sum of Rs.5,000/- shall be deposited on or before 30.11.2011. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, J UDGE. Jvt