IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Crl.MC.No. 3002 of 2008() ------------------------- CC.1420/2003 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER: ---------------------- GEETHA KUMARI, AGED 43 YEARS, W/O.SASIDHARAN, CHELAKKAL VEEDU, NAITHUSALAPPADY BHAGOM, MEMURY. BY ADV. SRI.GEORGIE SIMON RESPONDENTS: -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 3002 of 2008 = = = = = = = = = = = = = = = = = Dated this the 8th day of August, 2008 ORDER The petitioner, who is the accused in C.C.No.1420 of 2003 on the file of the J.F.C.M, Kolenchery for offences punishable under Sections 409 and 420 IPC was convicted by that court which imposed a sentence of imprisonment for six months and a fine besides compensation of Rs.4 lakhs. Aggrieved by the conviction and sentence, the petitioner preferred an appeal before the Sessions Court as Crl.Appeal No.457 of 2008. While suspending the sentence, the learned Sessions Judge directed the petitioner to deposit one lakh being 1/4th of the compensation amount before the trial court. It is the said condition, which is challenged as onerous and illegal. 2. After hearing the counsel for the petitioner, I am inclined to reduce the compensation amount to Rs.50,000/- (Rupees fifty thousand only) which shall be deposited within 45 days from today. In all other aspects the impugned order is sustained. This Crl.M.C is disposed of as above. Dated this the 8th day of August, 2008 . V. RAMKUMAR, JUDGE sj