IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.MC.No. 1027 of 2008() ------------------------- CRA.13/1997 of II ADDL. SESSIONS COURT, PALAKKAD STC.3511/1994 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER: APPELLANT/ACCUSED ------------------------------------------------------------- P.B. YAKOOB, S/O.BAVA RAWTHER PALAKKUNNAM HOUSE, KINASSERY POST, PALAKKAD. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN RESPONDENTS: LEGAL HEIRS OF COMPLAINANT & STATE ------------------------------------------------------------------------------------------------ 1. VIJAYAMMAL W/O.LATE P.R.CHOUNDAPPA CHETTIAR, KUTHAMPULLY THIRUVILWAMALA, THRISSUR DISTRICT. 2. V.C.KRISHNA RAJ S/O.LATE P.R.CHOUNDAPPA CHETTIAR, KUTHAMPULLY THIRUVILWAMALA, THRISSUR DISTRICT. 3. V.C.SOMASUNDARAN S/O.LATE P.R.CHOUNDAPPA CHETTIAR KUTHAMPULLY, THIRUVILWAMALA, THRISSUR DISTRICT. 4. V.C.RAMACHANDRAN S/O.LATE P.R.CHOUNDAPPA CHETTIAR KUTHAMPULLY, THIRUVILWAMALA, THRISSUR DISTRICT. (DIED), L.RS. -2- 5. RAJATHI W/O.LATE V.C.RAMACHANDRAN, KUTHAMPULLY THIRUVILWAMALA, THRISSUR DISTRICT. 6. ANITHA, D/O.LATE V.C.RAMACHANDRAN KUTHAMPULLY, THIRUVILWAMALA, THRISSUR DISTRICT. 7. ARUN KUMAR, S/O.V.C.RAMACHANDRAN KUTHAMPULLY, THIRUVILWAMALA, THRISSUR DISTRICT. 8. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.K.DIVAKARAN NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1027 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 ORDER In as much as the conviction of the revision petitioner has been confirmed by this Court as per the final order dated 6.7.07 in Crl.R.P.No.245 of 1999, the question of permitting the petitioner and the complainant to record a composition which is a post- revision composition cannot be permitted in the light of the ruling of the Division Bench in 2008(1) KLT 168 . Hence the request for composition is turned down. 2. The learned counsel for the 1st respondent- complainant submits that he has received the compensation amount fixed by this Court, though not within the time fixed by this Court. The delay in making the payment is condoned and it will be deemed to have been paid as stipulated by the above said final order. 3. What now remains to be considered is the imprisonment till the rising of the court which the Crl.M.C.No.1027 of 2008 2 petitioner has to undergo. The petitioner shall appear before the learned Magistrate on 28.03.08 to receive the sentence. Warrants, if any, pending against the petitioner shall stand recalled. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj