IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Crl.MC.No. 2099 of 2011() ------------------------------------- CRL.MP.NO.1595/2011 IN CRA.238/2011 OF SESSIONS COURT, KOLLAM. .................... PETITIONER/PETITIONER/APPELLANT -------------------------------------------------------- ASHOKAN, S/O. CHELLAPPAN, ASWATHI BHAVAN, PUDUKKAD, CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. SATHYAN, S/O. MADHAVAN, 'SOPANAM', 92/A, SREE BHADRA NAGAR, ULIYAKOVIL, KOLLAM DISTRICT - 691 019. R1 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2099 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE JUDGMENT OF THE J.F.C.M.-III, KOLLAM IN S.T. NO.158/2008 DATED 17/05/2011. ANNEXURE B: COPY OF THE ORDER IN CRL.MP.NO.1595/2011 IN CRL.A.NO.238/2011 DATED 20/06/2011 OF THE SESSIONS COURT, KOLLAM. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs B.P. RAY, J. ........................................... CRL.M.C.NO. 2099 OF 2011 ............................................. Dated this the 13th day of July, 2011. O R D E R Heard the learned counsel for the petitioner/appellant and learned Public Prosecutor. 2. The petitioner has been convicted in S.T.No.158/2008 on the file of the JFCM-III, Kollam under Section 138 of the N.I.Act and has been sentenced to undergo simple imprisonment for 6 months and to pay a compensation Rs.3,00,000/= and in default of payment of compensation, the petitioner has been sentenced to undergo simple imprisonment for a period of three months. In Crl.A.No.238/2011 while suspending the sentence, the learned Sessions Judge, Kollam has directed that the petitioner be released on bail on furnishing a bond for Rs.50,000/= with two solvent sureties each for the like amount to the satisfaction of JMFC-III, Kollam and on remitting 1/5th of the compensation amount. 3. The learned counsel for the petitioner/appellant submits that the petitioner cannot deposit the aforesaid CRL.M.C.NO.2099 OF 2011 : 2 : amount due to financial stringency and he is ready and willing to furnish property security for the entire compensation amount as a condition precedent of complying with the order directing suspension of sentence. 4. I am not inclined to waive the entire cash security as directed by the learned Sessions Judge in the appeal. But, after hearing the learned counsel for the petitioner and learned Public Prosecutor, I modify the impugned order in Crl.A.No.238/2011 dated 20th June, 2011 on condition that the petitioner shall furnish property security to the tune of Rs.2,00,000/= to the satisfaction of the trial court and shall deposit Rs.30,000/= within one month from today and the said amount shall be kept in a fixed deposit account in the name of the Judge in charge of accounts till the disposal of Crl.A.No.238/2011. With the aforesaid modification, this Crl.M.C is disposed of. Sd/= B.P. RAY, JUDGE. /true copy/ P.S. to Judge cl