IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3758 of 2008 --------------------------------- (CRL.M.P. NO. 4369/2008 IN CRL.A.NO.784/2008 OF THE SESSIONS COURT, ERNAKULAM) .......... PETITIONER/ PETITIONER/ ACCUSED: ------------------------------------------------------ P.V. ANNA MAGGIE, W/O. JELSON, AGED 43 YEARS, SUPER TYRES, BANERJI ROAD, ERNAKULAM. BY ADV. SRI.C.J.JOY. RESPONDENTS/ RESPONDENTS/ COMPLAINANT/ STATE: ----------------------------------------------------------------------------------- 1. FRANCIS T. CHACKO, S/O. T.J. CHACKO, THENGUMMOOTTIL HOUSE, CALLEN ROAD, ALLAPPEY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3758 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. She preferred an appeal. The appeal has been admitted. Her application to suspend the sentence is allowed subject to conditions. The conditions oblige her inter alia to deposit an amount of Rs.1,00,000/-. No time has been granted to deposit that amount. She, in these circumstances, remains in custody from 20/9/2008, submits the learned counsel for the petitioner. The learned counsel for the petitioner prays that the amount of deposit may be reduced and the petitioner may be given further time to make the payment. 2. I have considered the submissions. I am satisfied that the petitioner can be granted time to remit the amount. 3. This petition is in these circumstances allowed. The petitioner shall be released from custody in this case on condition that she executes the bond as directed. She shall deposit an amount of Rs.25,000/- (Rupees twenty five thousand Crl.M.C.No.3758/08 2 only) within a period of one month from the date of her release. She will have further time of two months from that date for making payment of the balance amount. If the petitioner is not able to raise the balance amount, she may, immediately after depositing the amount of Rs.25,000/-, request the learned Sessions Judge to dispose of the appeal itself whereupon the learned Sessions Judge shall dispose of the appeal within the said further period of two months. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3758/08 3 Crl.M.C.No.3758/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008