IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 4460 of 2007()
1. K.MOHANAN, S/O KANNAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.U.SHAILAJAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/12/2007
O R D E R
V. RAMKUMAR , J
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CRL.R.P. NO. 4460 of 2007
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Dated this the 13th day of December, 2007.
ORDER
The petitioner stand convicted concurrently by the courts
below for an offence punishable under Section 51(a) of the Kerala
Police Act and sentenced to imprisonment for 15 days and to pay
a fine of Rs.50 being the mandatory minimum.
2. The case of the prosecution as proved by the oral and
documentary evidence is as follows:
On 19.09.2001 at about 5.40 p.m. the revision petitioner
was found by the Head Constable of Police, Kannur Town Police
Station, near Sangeetha Talkies, Kannur under the influence of
the alcohol and unable to take care of himself and behaving in a
disorderly manner.
3. The credible evidence of PW1, the Head Constable
coupled with Ext.P1 drunkenness certificate clearly establishes
the offence alleged against the revision petitioner. His conviction
was confirmed in appeal by the lower appellate court. This court
sitting in revision will be loath to interfere with the said conviction
which is accordingly confirmed.
4. What now survives for consideration is the question as
to the legality or otherwise of the sentence imposed on the
revision petitioner. Even though what has been awarded to the
revision petitioner is only the mandatory minimum, the medical
records produced by the petitioner shows that he is a cardiac
patient who has to undergo a permanent pacemaker implantation
and an open heart surgery at Sri Jayadeva Institute of
Cardiology, Bangalore. Under these circumstances, I am inclined
to invoke proviso to Section 61(a). The sentence imposed on the
revision petitioner is accordingly set aside and instead, he is
sentenced to imprisonment till the rising of the court and to pay a
fine of Rs.200/- and on default to pay the fine, to suffer simple
imprisonment for 15 days. The fine amount shall be deposited
before the trial court within one month from today failing which
he shall suffer the default sentence. The revision petitioner shall
appear before the trial court on 15.01.2008 to receive sentence.
The revision is disposed of accordingly.
V. RAMKUMAR, JUDGE.
rv