IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 2998 of 2011() ------------------------------------- CC.NO.360/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... PETITIONER(S)/ACCUSED ------------------------------------- SAJIMON K.G, AGED 33 YEARS, S/O.M.K.GOPALAN, KALASADANAM, MEVALLUR P.O., MALATHEDAM, VELLUR VILLAGE, VAIKOM, KOTTAYAM. BY ADV. SRI.SURAJ.S SRI.M.REVIKRISHNAN RESPONDENT(S)/ COMPLAINANT -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.R.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2998/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE ORDER GRANTING BAIL TO THE PETITIONER IN CRL.M.P.NO.1089/10 OF THE COURT OF SESSION, PALAKKAD IN CRIME NO.300/09 OF PALAKKAD TOWN NORTH POLICE STATION. ANNEX B COPY OF THE FINAL REPORT IN CRIME NO.221/10 OF TOWN NORTH POLICE STATION, PALAKKAD WITH ENGLISH TRANSLATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.2998 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order The petitioner is the accused in CC No.306 of 2010 on the file of the JFCM Court-II, Palakkad. He is facing trial for an offence under Section 309 IPC. It is alleged that the petitioner has attempted to commit suicide. The learned counsel submits that the petitioner is ready to plead guilty before the learned Magistrate. The learned counsel submits that the accused apprehends that he is not likely to be let of on admonition since that is the usual practice followed, whenever an accused who is charge sheeted under Section 309 IPC pleads guilty before the Magistrate. It is also said that the person happened to be an accused only because he did not succeed in his attempt to commit suicide and it is also said that the person who once fails in his attempt will not attempt again and if attempts again, he will not fail again. 2. The learned counsel also refers to paragraphs 31 and 32 of the judgment of the Supreme Court in Gian Kaur v. State of Crl.M.C.2998/11 2 Punjab [(1996) 2 SCC 648]. In paragraph 32, the apex court has observed that in practice the accused used to be dealt with compassion by giving benefit under the Probation of Offenders Act. As rightly submitted by the learned counsel, usually the accused used to be let of on admonition. I think, the learned Magistrate will follow the observations made by the apex court in paragraphs 31 and 32 of the judgment cited supra. The accused will appear before the learned Magistrate on 15.11.2011 and will plead guilty before the learned Magistrate. The learned Magistrate will dispose of the case in the light of what has been stated above. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.2998/11 3 Crl.M.C.2998/11 4