IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Crl.MC.No. 1444 of 2008() ------------------------- CRA.400/2005 of SESSIONS COURT, KOTTAYAM CC.567/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOTTAYAM .................... PETITIONER: ACCUSED -------------------------- 1. LALAN, S/O.KANDAN, CHOORAKUTTIYIL VEEDU, PAMPADY VILLAGE, VELLOOR KARA. 2. KRISHNANKUTTY, S/O.GOVINDANKUTTY, KANNAMPALLIYIL VEEDU, KUMARAKOM VILLAGE, KUMARAKOM KARA. BY ADV. SRI.B.SAINU RESPONDENTS: COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.04.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1444 of 2008 ========================== Dated this the 2nd day of April, 2008. O R D E R The petitioners, who are accused Nos. 1 and 2 in C.C.No. 567 of 1998 on the file of the Judicial First Class Magistrate-I, Kottayam for offences punishable under Sections 341, 324 and 506(i) and 294(b) r/w Section 34 IPC, were both convicted concurrently under Sections 341 and 324 r/w Section 34 IPC. But the lower appellate court taking into account the family background and antecedents of the petitioners, was pleased to release them on probation under Section 4 of the Probation of Offenders Act, 1958 subject to the following conditions:- “a. Appellants shall execute a bond for Rs.10,000/- each in the trial court with two sureties each to observe the condition u/s.4 of the Probation of Offenders Act, 1958. b. They shall appear and receive sentence as and when called upon during a period not exceeding one year and in the meantime they shall keep peace and be of good behaviour. c. They shall remain under supervision of District Probation Officer, Kottayam for a period of one year. d. They shall execute a bond in the trial court within 30 days from the date of this order.” CRL.M.C.NO. 1444/2008 : 2 : According to the petitioners, due to some lapse of communication, they were not informed about the conditions and therefore they were unable to execute the bond within the time fixed by the lower appellate court namely the Sessions Court, Kottayam in Crl. Appeal No. 400 of 2005. Under these circumstances, the petitioners are given a further time of one month from today to execute the bond as ordered by the lower appellate court and thereupon the conditions a to c imposed by the lower appellate court shall be in operation . Warrants if any, pending against the petitioners shall not be executed till the expiry of the extended time granted hereinabove. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C.NO. 1444/2008 : 3 :