IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 CRL.A.No. 1481 of 2009() ---------------------------------- SC.107/2008 of ADDL. SESSIONS COURT (ADHOC), THRISSUR .................... APPELLANT(S): COUNTER PETITIONER/SURETY --------------------------------------------------------------------- MOHANAN, AGED 43 YEARS, S/O.VELU, THOTTEKKADAN VILA, KUTTICHIRA DESOM, MUKUNDAPURAM TALUK. BY ADV. MR.A.F.SEBASTIAN RESPONDENT(S): -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1481 OF 2009 ------------------------------ Dated this the 27th day of July, 2009 JUDGMENT This is an appeal preferred against the order in M.C.No.841/2008 in S.C.No.107/2008 of the Third Additional Sessions Judge (Adhoc), Fast Track Court No.1, Thrissur. The second counter petitioner in the M.C is the appellant before me. There has been a direction to pay the penalty of Rs.6,000/= and is directed to pay it within 15 days, failing which distress warrant was ordered to be issued. The proceeding paper is produced in this case. It would reveal that the accused had surrendered before the court and further proceedings had been done. 2. It is submitted that the appellant is only a poor coolie worker and there was no deliberate act on his part to evade the presence of the accused. Taking into consideration the entire materials, I am inclined to reduce the penalty to Rs.3,000/= from Rs.6,000/=. 3. In the result, the criminal appeal is partly allowed 2 CRL.A.NO.1481/09 and the appellant is directed to pay the penalty of Rs.3,000/= on or before 30.9.2009, failing which he be sent to civil prison for a period of one month and steps be taken for realisation of the same. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.1481/09 CRL.M.A.NO.6770 OF 2009 This is an appeal preferred against the order in M.C.No.841/2008 in S.C.No.107/2008. The second counter petitioner in the M.C is the appellant before me. There has been a direction to pay the penalty of Rs.6,000/= and is directed to pay it within 15 days, failing which distress warrant was ordered to be issued. The proceeding paper is produced in this case. It would reveal that the accused had surrendered before the court and further proceedings had been done. It is submitted that the appellant is only a poor coolie worker and there was no deliberate act on his part to evade the presence of the accused. Taking into consideration the entire materials, I am inclined to reduce the penalty to 4 CRL.A.NO.1481/09 Rs.3,000/= from Rs.6,000/=. In the result, the criminal appeal is partly allowed and the appellant is directed to pay the penalty of Rs.3,000/= on or before 30.9.2009, failing which he be sent to civil prison for a period of one month and steps be taken for realisation of the same. M.N. KRISHNAN, JUDGE cl CRL.M.A.NO.5358 OF 2009 This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Code of Criminal Procedure. It was dismissed on the ground that the complainant was absent and there was no representation. It is stated that it was not on account of the deliberate negligence on his part the matter ended in acquittal. It was only due to an inadvertent mistake in taking note of the posting date which is a common ground in almost appeals in now a days. But let the interest of justice does not suffer. Therefore, I am inclined to grant an opportunity. The order of acquittal 5 CRL.A.NO.1481/09 passed under Section 256(1) of the Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and dispose it of in accordance with law after affording equal opportunities to both sides to put forward their respective contentions. The parties are directed to appear before the court below on 14.9.2009. CRL.M.A.NO.5702 OF 2009 This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C. The accused had been given notice in the Crl.L.P. It is submitted that the complainant did not evade his presence before the court deliberately. He was under the impression that the matter would be settled. Taking into consideration these aspects, I am inclined to grant an opportunity. Therefore, the order of acquittal passed under Section 256(1) is set a side and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to put forward their respective contentions. 6 CRL.A.NO.1481/09 The parties are directed to appear before the court below on 14.9.2009. In case the accused does not appear on that day, the complainant shall serve notice on the accused for further proceedings. 7 CRL.A.NO.1481/09