IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Crl.Rev.Pet.No. 1953 of 2008() ------------------------------ CRA.353/2006 of SESSIONS COURT, KOZHIKOE CC.167/2002 of JUDL.MAGISTRATE OF FIRST CLASS,KOYILANDY .................... REVN. PETITIONER: APPELLANT/ACCUSED ---------------------------------------------- KHILAB, S/O.HAMSA, NERUKKAMCHALIL LAKSHAM VEEDU COLONY, PUTHUPPADI AMSOM, THAMARASSERY. BY ADV. SRI.VIJAI MATHEWS RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1953 of 2008 ========================== Dated this the 23rd day of June, 2008. ORDER The petitioner who was the 1st accused in C.C. No. 167 of 2002 on the file of the Judicial First Class Magistrate, Koyilandy for an offence punishable under Section 380 r/w Section 34 IPC, was convicted for the said offence and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,500/- and on default to pay the fine, to suffer rigorous imprisonment for two months. On appeal preferred by him as Crl. Appeal No. 353 of 2006 before the Sessions Court, Kozhikode, considering the fact that he was below 21 years on the date of offence, the learned Sessions Judge after confirming the conviction set aside the sentence imposed on him by the trial court and released him on probation for good conduct for a period of one year under Section 4 of the Probation of Offenders Act, 1958. The petitioner thereafter claims to have executed the bond before the trial court. But even before the expiry of the period of probation, he went to Saudi Arabia thereby depriving the District Probation Officer of his duty to oversee and monitor the activities of the petitioner. Consequent on the abscondance of the petitioner, the learned Magistrate issued non-bailable warrants of arrest. It is at that stage that the petitioner has approached this Court. CRL.R.P. NO. 1953/2008 : 2: 2. The learned counsel for the petitioner submits that the petitioner was compelled to go abroad in search of employment and that he had no bad motive behind his leaving the country and that the petitioner is prepared to abide by the conditions of bond if he is given an opportunity to do so. Accordingly, if the petitioner surrenders before the Magistrate, he shall be released on fresh bond notwithstanding the pendency of non-bailable warrants, if any, against him and the conditions imposed by the Sessions Court will apply to the bond to be hereinafter executed by the petitioner. The petitioner is given two weeks time from today to surrender before the Magistrate. This Crl.R.P. is disposed of as above. Dated this the 23rd day of June, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 1953/2008 : 3: