IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.MC.No. 2250 of 2008() ------------------------- CRA.378/2004 of ADDL.SESSIONS COURT (ADHOC)III, MANJERI CC.71/1999 of .................... PETITIONER: APPELLANT/ACCUSED ----------------------------- P.T.V.MUJEEB, S/O.AYAMUTTY, POTHIYATHOTTIPARAMBIL VADAKKETHIL, MUNALUMBURAM NATUKAL, THACHANATTUKARA. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: RESPONDENT ----------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PERINTALMANNA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2250 of 2008 ------------------------------------------------- Dated this the 17th day of June, 2008 ORDER There is no representation for the petitioner. I have gone through the records. The petitioner was found guilty, convicted and sentenced in a prosecution under Sec.304A of the IPC. In an appeal, the conviction was upheld; but the sentence was modified and reduced to imprisonment till rising of court and to pay fine. Default sentence was also imposed. The appellate court had directed the petitioner to surrender before the learned Magistrate on 24/10/07 to receive the sentence. The petitioner was a student at Bangalore and he has not so far surrendered before court. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. The petitioner is willing to appear before the learned Crl.M.C. No. 2250 of 2008 -: 2 :- Magistrate. He is willing to deposit the fine amount. He is willing to undergo the substantive sentence of imprisonment till rising of court. But he apprehends that he shall be remanded to prison in the event of his surrender before the learned Magistrate. 2. I find the apprehension of the petitioner to be totally baseless. The petitioner must suffer the sentence imposed. The sentence imposed is imprisonment till rising of court and also fine and a default sentence. If the petitioner appears, surrenders or is arrested, he will be obliged to undergo the substantive sentence of imprisonment till rising of court. He will also be liable to undergo the default sentence. But if he makes the payment of fine, when he so surrenders, there can be no question of he being compelled to undergo any default sentence thereafter. The law on the point is very clear. Where a person deposits the amount due by way of fine/compensation at any time before or after he is sent to prison to undergo the default sentence, he cannot be continued to be detained. The default sentence must come to an end as soon as the payment is made. It is by now trite that the default sentence is not a punishment; but is only a mode of enforcement of the direction to pay the fine amount. Crl.M.C. No. 2250 of 2008 -: 3 :- 3. In this view of the matter, I reckon the apprehension of the petitioner to be baseless. The petitioner can at any time appear before the learned Magistrate. He will have to undergo the substantive sentence of imprisonment till rising of court. If he makes the payment of fine, there can be no question of any default sentence being executed against him thereafter. The position has been made crystal clear in the decision in Girish v. Muthoot Capital Service (P) Ltd., (2007 (1) KLT 16). 4. This Crl.M.C. is, in these circumstances, dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge