IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2960 of 2008() ------------------------- MC.9/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,ALATHUR. CMP.1000/2008 of FAMILY COURT, PALAKKAD. .................... PETITIONER: COUNTER PETITIONER: -------------------------------------------------------- KRISHNANKUTTY @ KANNAN, S/O.VELAYUDHAN, AGED 41 YEARS, AMMATH KALATHIL HOUSE, THENNILAPURAM, ALATHUR TALUK. BY ADV. SRI.SAKIR.K.H. RESPONDENTS: STATE AND PETITIONERS: ----------------------------------------------------------------- 1. THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KRISHNAKUMARI, D/O.VELAYUDHAN, AGED 35 YEARS, CHAKINGAL KALATHIL HOUSE, KUNISSERY.P.O., ALATHUR TALUK. 3. KEERTHY, D/O.KRISHNANKUTTY @ KANNAN, RESIDING AT CHAKINGAL KALATHIL HOUSE, KUNNISSERY.P.O, ALATHUR TALUK. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2960 of 2008 ------------------------------------------------- Dated this the 6th day of August, 2008 ORDER The petitioner has suffered an order under Sec.125 Cr.P.C. directing him to pay maintenance at the rate of Rs.1,000/- per mensem to his wife and Rs.750/- per mensem to his child. That order was passed by the learned Judicial Magistrate of the First Class, Alathur. Execution petition is pending before the Family Court. No amount whatsoever has been paid so far, it is submitted. The petitioner was produced before the learned Magistrate and, on his execution of a personal bond, he was released from custody. He had undertaken to appear before the learned Judge of the Family Court on 31/7/08; but he did not appear on that date. Consequently, a warrant of arrest has been issued against him. Such warrant is chasing the petitioner now. Crl.M.C. No. 2960 of 2008 -: 2 :- 2. According to the petitioner, steps are afoot to settle the dispute. He shall pay an amount of Rs.10,000/- to the claimant straightaway. For payment of the balance amount or to settle the dispute, he prays for time till 16/9/08. He submits that if he were arrested and detained in custody, he will not be able to settle the dispute or raise the amount and, in these circumstances, it is prayed that a lenient view may be taken and the petitioner may be granted time till 16/9/08 on any appropriate conditions. 3. The fact that the petitioner has not paid any amount admittedly, even though the maintenance is payable from November, 2004 looms large in my mind while considering the bona fides of the petitioner. But, however, in the facts and circumstances of this case, I am satisfied that this Crl.M.C. can be allowed to facilitate the settlement of the dispute between the parties subject to appropriate safeguards. 4. In the result, this Crl.M.C. is allowed in part. Following directions are issued: (i) The petitioner shall appear before the learned Judge of the Family Court on or before 18/8/08. (ii) If he deposits/pays an amount of Rs.10,000/- and executes a bond with two solvent sureties for the balance Crl.M.C. No. 2960 of 2008 -: 3 :- amount payable under the order till this date – the sureties agreeing to make the payment of the amount if the petitioner does not pay the amount by 16/9/08, the learned Judge of the Family Court shall release the petitioner on condition that he appears before the learned Judge on 16/9/08. (iii) The amount of Rs.10,000/-, if deposited, shall be released to the claimant immediately. (iv) The warrant of arrest issued against the petitioner shall not be executed till 18/8/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2960 of 2008 -: 4 :-