Dharmajan vs State Of Kerala on 9 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1036 of 2007()


1. DHARMAJAN, S/O.KRISHNAN,
                      ...  Petitioner
2. GOVINDAN,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :09/03/2007

 O R D E R
                              K.R.UDAYABHANU,J

                           ===============

                           Crl.R.P.NO.1036 OF 2007

                           ================

                    Dated this the 9th day of March,2007


                                        ORDER

The revision petitioners, who are the sureties against whom

proceedings under Section 446 Cr.P.C, has been initiated and have

been imposed with a penalty of Rs.25,000/- each, as modified by the

appellate court. It is the case of the revision petitioners that the

accused for whom they stood as sureties is totally laid up due to the

complications of diabetes and hence, they could not produce the

accused. The appellate court has considered the same and thereafter,

reduced the penalty from Rs.50,000/- to Rs.25,000. I find that before

the Judicial First Class Magistrate Court revision petitioners did not

turn up. It is also seen that the revision petitioners has not produced

any objective evidence as to the fact that the accused is laid up and

unable to move. All the same, considering the facts of the case, the

orders of the court’s below are set aside. The revision petitioners are

directed to appear before the Judicial First Class Magistrate Court

and produce evidence to prove their version, and the court below

shall consider the same on merits and dispose of the matter. The

petitioners shall appear before the Judicial First Class Magistrate

Crl.R.P.NO.1036 OF 2007 :2:

Court , Kodungalloor on 10.04.2007. R.R proceedings are to be kept

in abeyance till the disposal of the M.C by Judicial First Class

Magistrate Court.

The Crl.R.P is disposed of accordingly.

K.R.UDAYABHANU,JUDGE

dvs