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High CourtsSingle Bench(2012) 12 KL CK 0100

Athanaseri Muhammed vs The Sub Inpsector of Police, Area Code and State of Kerala

High Court Of Kerala · Decided on 11 December 2012

HON’BLE JUDGES
N.K. Balakrishnan, J
CASE NUMBER
Criminal Rev. Petition No. 1741 of 2003

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Judgment

6 paragraphs · 360 words

Justice N.K. Balakrishnan

1.

This revision petitioner was concurrently found guilty and convicted of the offence punishable under Sec. 379 r/w 34 IPC. He was sentenced to R.I. for two years. This revision is filed challenging the conviction and sentence passed against him. Learned counsel for the revision petitioner submits that now the revision petitioner is leading a decent and dignified life and no crime has been registered for the last about 13 or 14 years. The report obtained from the Addl. District Probation Officer shows that the petitioner was involved in two other crimes. In one case, CC 419/1997 of J.F.C.M., Perinthalmanna, he was convicted for the offence under Sec. 379 IPC and was sentenced to imprisonment for 1= years. Another crime, Crime No. 397/1996 of Nilambur Police Station was pending before J.F.C.M., Nilambur as CC 60/1997, which also was registered under Sec. 379 IPC. Warrant is still pending against him in that case. Hence, considering the report of the Addl. District Probation Officer, the following directions are issued :-

(a) The conviction is confirmed. The petitioner shall surrender before J.F.C.M.-I, Manjeri within three weeks from today.

(b) The learned Magistrate will release the petitioner on probation for a period of two years under Sec. 4(1) of P.O. Act on condition that the petitioner shall remit a sum of Rs. 5,000/- (Rupees Five Thousand only) as compensation before the learned Magistrate, which shall be paid to the de facto complainant or her legal heirs as the case may be with two solvent sureties and also on such other conditions which the learned Magistrate may impose.

(c) The petitioner shall also file an affidavit before the learned Magistrate that he will surrender before J.F.C.M., Nilambur in relation to the case in Crime No. 397/1996 within two weeks from the date he surrenders before J.F.C.M.-I, Manjeri. He shall produce the copy of the order sheet or such other orders obtained from J.F.C.M., Nilambur before J.F.C.M.-I, Manjeri to convince that he surrendered before J.F.C.M., Nilambur. If the petitioner fails to comply with the directions aforestated, the sentence passed by the learned Magistrate will stand confirmed.

This Crl.R.P. is disposed of as above.