IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 4346 of 2011() ------------------------- CRA.265/2009 of ADDL. SESSIONS COURT, FAST TRACK-I, TRIVANDRUM ST.2183/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), TRIVANDRUM .................... PETITIONER(S)/ACCUSED :- --------------------------------------- R.BHASKARAN, AGED 53 YEARS, S/O.RAMAN PILLAI, LIFT OPERATOR, ELECTRICAL NORTH SECTION, REVENUE BLOCK, PUBLIC OFFICE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 002. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S)/COMPLAINANT :- --------------------------------------------------- 1. USHAKUMARY, D/O.LEKSHMIKUTTY AMMA, GOVERNMENT QUARTERS No.44/537, MELARANNOOR, KARAMANA P.O., THIRUVANANTHAPURAM – 695 002. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 4346 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of the order in Crl.R.P.No.1372/2011 passed by this Court. Annexure B :- Copy of the order passed by this Court in Crl.M.A.No.7753/2011 in Crl.R.P.No.1372/2011. Annexure C :- Original receipt issued by the complainant showing the acceptance of the amount mentioned in Annexure A order. Annexure D :- Original affidavit submitting by the 1st respondent/complainant. Annexure E :- Copy of the judgments passed in Crl.Appeal No.265/2009 on the file of the Additional District & Sessions Judge, Fast Track Court-I, Thiruvananthapuram. Annexure F :- Judgment dated 25.3.2009 in S.T.No.2183/07 on the file of Judicial First Class Magistrate Court-IV (Mobile Court), Thiruvananthapuram. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4346 of 2011 ----------------------------------- Dated this the 21st day of December 2011 O R D E R As per Annexure B modified order petitioner has to undergo imprisonment till the rising of the court and to pay Rs.62,500/- as fine within the time as directed by this Court. Learned counsel for the petitioner submits that Rs.60,000/-, the amount due to the complainant was in fact paid by him to the complainant out of court for which he has produced a receipt also. But since the fine was to be deposited before the learned Magistrate and entries are to be made in the Fine Register and the case record, the learned Magistrate was not inclined to receive Rs.2,500/- which the petitioner was to pay to the State Exchequer. Now, the petitioner is ready to surrender before the learned Magistrate and also to take the complainant before the court. 2. Hence, this Crl.M.C. is disposed of with the following directions :- (i)Petitioner will surrender before the learned Crl.M.C. No.4346 of 2011 -: 2 :- Magistrate within two weeks from today. On that day, he will undergo imprisonment till the rising of the court. (ii)On the same day the petitioner will also take the complainant, who will file an affidavit before the learned Magistrate for having received the sum of Rs.60,000/- as compensation. (iii)Petitioner will, on the same day, remit Rs.2,500/-, the amount payable as fine to the State as directed in Annexure B order. (iv)If the complainant appears and files an affidavit as stated above, necessary entries shall be made in the Fine Register and the case record, which will be treated as due compliance of the order passed earlier. N.K.BALAKRISHNAN, J UDGE. Jvt