IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3269 of 2006()
1. PRAVEEN KUMAR, S/O. GOVINDAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SARITHA T.P., W/O.PRAVEENKUMAR,
For Petitioner :SRI.C.A.JOSEPH
For Respondent :SRI.P.M.PAREETH
The Hon'ble MR. Justice R.BASANT
Dated :11/12/2006
O R D E R
R.BASANT, J.
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Crl.M.C.NO.3269 OF 2006
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Dated this the 11th day of December, 2006.
ORDER
The petitioner had suffered an order under Section 125
Cr.P.C directing him to pay maintenance at the rate of Rs.750/-,
Rs.400/- and Rs.400/- per mensem respectively to the claimants-
his wife and two minor children. The petitioner did not make the
payment and consequently for the period from 08.04.2003 to
07.09.2005, there was default in making the payment. The
petitioner has now been sentenced to undergo imprisonment for
such failure to pay the amount. He is now said to be in custody.
2. When this petition came up for hearing, the learned
counsel for the petitioner offers to pay an amount of Rs.15,000/-
(Rupees Fifteen thousand only) immediately and the balance
amount (of about Rs.30,000/-) in three instalments, within the
next 3 months. He also undertakes to pay the future instalments
due promptly. The learned counsel for the respondent does not
raise any serious objections provided this offer for payment is
complied with strictly. Having considered all the relevant
circumstances, I am satisfied that the interests of the claimants
will also be served ideally by enabling the petitioner to
Crl.M.C.NO.3269 OF 2006 2
secure release from custody and by giving him an opportunity to
pay the amount. I accept the request of the learned counsel for
the petitioner as it is made, but with the specific observation that
if there be any default in making the payment, the petitioner
shall be sent back to the prison to serve the unexpired portion of
the sentence.
3. This Crl.M.C is, in these circumstances, allowed in
part. The petitioner shall be released from custody forthwith on
condition that
i) The petitioner deposits an amount of Rs.15,000/-
(Rupees Fifteen Thousand only) forthwith;
ii) He deposits the further amount of Rs.30,000/- (Rupees
Thirty thousand only) in three equal monthly instalments from
the date of his actual release from custody.
4. Issue copy forthwith to the learned counsel for the
petitioner.
R.BASANT
JUDGE
rtr/