IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 105 of 2009()
1. ABDUL NAZAR, S/O.KUNHUMOIDU,
... Petitioner
Vs
1. SULAIKHA, D/O.MUHAMMED KULANGARA
... Respondent
2. NAVAS, S/O.SULAIKHA (MINOR 12 YEARS).
3. NASIRA D/O.SULAIKHA (MINOR 9 YEARS)
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/03/2009
O R D E R
M.N. KRISHNAN, J.
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R.P(F.C.) NO. 105 OF 2009
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Dated this the 30th day of March, 2009.
O R D E R
This revision is preferred with a prayer to set aside the
sentence to undergo imprisonment for three years or until
payment of Rs.37,300/- by allowing this revision petition.
The respondents had also entered appearance after notice.
Respondents are not very keen on sending the revision
petitioner to jail but what they want is the money for their
livelihood. There is much force in that contention and now
the revision petitioner also feels like complying with the
orders of the Court but pleads his helplessness to wipe off
the entire liability at one stretch. After hearing both sides
and considering the materials I feel this is a fit case where
the following orders can be passed.
(1) If the petitioner deposits an amount of
Rs.25,000/- before the Court below within a period of two
months the petitioner shall be released from jail after the
deposit.
R.P(F.C.) NO. 105 OF 2009
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(2) For the balance payment of Rs.12,300/- a period
of three months be granted from the date of release from jail
and if that amount is not deposited within a period of three
months he will be rearrested and send to jail for a period of
nine months.
The R.P.(F.C) is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-