IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.MC.No. 3778 of 2011() ----------------------------------- CC.459/2007 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): ACCUSED --------------------------------------- N.C.MANOJ, S/O.CHELLAPPAN, AGED 29 YEARS, NADUVELIL MELETHIL, KULANADA MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. KANNAN, S/O.MUTHUSWAMY REDDIYAR, AGED 50 YEARS, SANTHARANI HOUSE, KPAC JUNCTION, CHIRAKKADAVOM, KAYAMKULAM.690 502. R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 BY ADV. SRI.P.V.DILEEP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3778/2011 APPENDIX PETITIONER(S) ANNEXURES A:- COPY OF THE JUDGMENT IN CRL.M.P.NO.2249/2010 DATED 17.09.2010 OF THIS HONORABLE COURT. B:- COPY OF THE RECEIPT SHOWING THE PAYMENT OF MONEY. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3778 of 2011 ------------------------------------------ Dated this the 4th day of November, 2011 O R D E R As per Annexure – A, this court directed the accused to appear before the trial court on 18/12/2010 to receive the sentence and to deposit the compensation amount. Admittedly the accused did not appear before the trial court on 18/12/2010. He did not deposit the amount of compensation also. Now the learned counsel for the petitioner submits that the amount due to the complainant was paid directly. The learned counsel for the complainant submits that the submission made by the learned counsel for the petitioner is correct. But that will not save the situation. The direction of the court was to deposit the amount. The further fact is that the petitioner did not even appear before the learned Magistrate to undergo the imprisonment till the rising of the court. Now both sides agree that the petitioner and the complainant will appear before the learned Magistrate on 16/11/11. On that date the petitioner will undergo imprisonment till the rising of the Crl.M.C. 3778 of 2011 -: 2 :- court. If the complainant files an affidavit stating that the amount has already been received and if his identity is testified by the counsel appearing for the petitioner and convinces the learned Magistrate that the compensation amount has already been paid, it shall be recorded as due compliance of the order passed by this court. Execution of warrant of arrest shall be kept in abeyance till 16/11/11. N.K. BALAKRISHNAN, JUDGE smvd