IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 2ND JULY 2007 / 11TH ASHADHA 1929 CRL.A.No. 795 of 1999() ----------------------- CC.36/1992 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... APPELLANT: ----------- N.K.RAJESH MULLACKAL HOUSE PAIPPAD VILLAGE CHANGANACHERRY KOTTAYAM BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENTS: ------------- 1. VARGHESE @ JOSE PARIYARATHU VEEDU NALUKODYBHAGOM PAYIPPADKARA CHANGANACHERRY 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM BY ADV. SRI.SUNNY VARGHESE SRI.P.A.AUGUSTIAN PUBLIC PROSECUTOR SRI.CK.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.795 of 1999 --------------------------------------------- Dated this the 2nd day of July, 2007 JUDGMENT Appellant is the defacto complainant in C.C.No.36/92 in the file of the Judicial First Class Magistrate Court, Changanacherry. 2. The grievance of the defacto complainant is that the accused, who is involved in a number of criminal cases, has been released on probation on the basis of the false report submitted by the District Probation Officer. I find that the Sessions Judge remanded the matter confirming the conviction but directing to consider the question of the application of Probation of Offenders Act that Section 360 has not been considered by the court below. After remand, the court below called for the report from the District Probation Officer. The District Probation Officer reported that the accused is a person disciplined, humble and honest in nature and that the incident was the result of an instant reaction and that he has no bad habits or other any desirable contacts. The appellant has pointed out that the accused is the prime accused in CRA795/99 Page numbers C.C.No.13/98 pending before the same court with respect to the offence under Section 307 IPC and is also the third accused in crime No.100/95 of the same court with respect to the offences under Sections 143, 147, 148, 341 and 324 IPC. Apart from that he is a party in Section 107 of Crl.P.C. proceedings vide crime No.8/95 before the Sub Divisional Magistrate, Kottayam. He was also an accused in C.C.No.890/93 before the JFCM, Changanassery. It appears that the court below was misled by the report of the probation officer which appears to be false to the core. 3. In the circumstances, the order of the court below, releasing the accused on probation, is set aside. The court below is directed to reconsider the matter and impose appropriate punishment. The court below is also directed to call for the explanation and if not satisfied initiate proceedings against the District Probation Officer after issuing notice to her. The matter is posted before the court below on 6.8.2007. The criminal appeal is disposed of as above. K.R.UDAYABHANU, JUDGE csl