IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Crl.MC.No. 812 of 2011() --------------------------------------- AGAINST THE ORDER DATED 25/01/2011 IN CRMP 333/2011 IN CRA.38/2011 of ADDL.SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): APPELLANT/ACCUSED ----------------------------------------------------------- KURIEN C.OMMEN,CHIRAYIL,MUTHOOR.P.O, KUTTAPUZHA VILLAGE,THIRUVALLA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA SRI.ARUN ALEX RESPONDENT(S):RESPONDENT/ COMPLAINANT & STATE ----------------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-31. 2. SCARIAH XAVIOUR,KANNAMKULATH, THRIKODITHANAM,CHANGANASSERY,PIN-686101. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.812 of 2011 -------------------------------------- Dated this the 15th day of March, 2011. ORDER Notice to respondent No.2 is dispensed with in view of the order I propose to pass in this petition. 2. Petitioner is the appellant in Crl.Appeal No.38 of 2011 of the court of learned Additional Sessions Judge, Kottayam arising from his conviction and sentence in S.T.No.332 of 2009 of the court of learned Judicial First Class Magistrate-II, Changanachery for offence punishable under Sections 138 of the Negotiable Instruments Act (for short, “the Act”). Apart from the sentence and imprisonment he was directed to pay compensation of `.2,50,000/- to respondent No.2. Petitioner filed Crl.M.P.No.333 of 2011 for suspension of sentence. Learned Additional Sessions Judge passed Annexure-A2, order on 25.01.2011 suspending the sentence on condition that petitioner deposited `.50,000/- within fifteen days. It is directed that the bond will be allowed to be executed on deposit of the said amount. Later learned Additional Sessions Judge extended time by one month with the same direction for execution of bond only on deposit of the amount. Petitioner seeks to quash Annexure-A2, order dated 25.01.2011 and to lift the condition imposed by the learned Additional Sessions Judge. Crl.MC No.812/2011 2 3. It is not as if the appellate court is without power while suspending sentence to impose condition(s). This Court has upheld that power on various occasions. The compensation directed to be paid by the trial court is `.2,50,000/- while the amount directed to be deposited by the appellate court is only `.50,000/-. I do not find reason to interfere with the said order. But having regard to the difficulties of petitioner stated by learned counsel I am inclined to grant some time to the petitioner for deposit of the amount. Resultantly this petition is disposed of in the following lines: i. Petitioner is granted two months’ further time from this day to deposit the amount as directed by the learned Additional Sessions Judge. ii. Subject to deposit of the said amount, petitioner shall execute bail bond as ordered by the learned Additional Sessions Judge within two weeks from this day. THOMAS P.JOSEPH, Judge. cks