IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1714 of 2008() ------------------------- AGAINST THE ORDER DATED 28/03/2008 IN CRMP 1122/08 IN CRA.226/2008 of SESSIONS COURT, PALAKKAD ST.912/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: ------------ PRABHAKARAN,S/O/CHAMI, NARTTHANKUTANTTU KUNISSERI, ALATHUR,PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENTS: ------------- 1. THE SECRETARY, MANJATTUR, SERVICE CO-OPERATIVE BANK, MANJALUR ALATHUR. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/04/2008, THE COURT ON 29/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Crl.M.C.No.1714 of 2008 -------------------------------- Dated this the 29th day of April, 2008 O R D E R The above Crl.M.C is filed by the accused in S.T.No.912/2006 on the file of the Judicial First Class Magistrate Court, Alathur and the appellant in Crl.A.No.226/08 of the Principal Sessions Judge, Palakkad. The challenge is against Annexure 2 which is an order dated 28/3/2008 passed by the Sessions Court, Palakkad on Crl.M.P.No.1122/2008 in Crl.A.No.226/08, a petition filed under Section 389(1) of Cr.P.C along with the appeal filed by the petitioner challenging the conviction and sentence passed by the Judicial First Class Magistrate Court, Alathur in S.T.No.912/2006. According to the petitioner, the condition imposed as per Annexure 2 order is too hard and he is not in a position to raise such huge amount. 2. I have heard the learned counsel for the petitioner and also the learned Public Prosecutor. 3. Having regard to the facts and circumstances involved in this case, I am of the view that this Crl.M.C can be disposed of with slight modification of Annexure 2 order. Accordingly the Crl.M.C.No.1714/2008 2 condition by which the petitioner is directed to deposit Rs.2,00,000/- before the trial court is modified and reduced to Rs.1,00,000/- (Rupees one lakh only) and the same has to be deposited within one month from today. 4. Accordingly, this Criminal Miscellaneous Case is disposed of. (V.K.MOHANAN, JUDGE) jsr