IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Crl.MC.No. 2100 of 2011() ------------------------- ST.2236/2008 OF JFCM COURT- V, ERNAKULAM CRA 282/2010 OF THE ADDL.SESSIONS JUDGE (ADHOC-I), ERNAKULAM. CRRP NO. 979/2011 OF THIS COURT .................... PETITIONER: --------------- K.K.ABOOTTY, FURNACE, NEAR WOMEN'S COLLEGE, CHETHANKUNNU,THALASSERY 670 101. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: -------------------- 1. K.P.SATHEESAN,KARRIYAPARAMBIL (H), CHITTOOR ROAD, COCHIN -18, PIN 682 018. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. R2 BY P.P. SRI P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.M.C.No. 2100 of 2011 ---------------------------------------- Dated this the 18th day of July, 2011 O R D E R This Crl.M.C is filed by the very same petitioner in Crl.R.P.No.979 of 2011 which was disposed of by this Court on 7.4.2011, confirming the conviction and sentences, both imprisonment and fine and granting 45 days time to receive the sentence of imprisonment and to pay the fine amount. 2. The present Crl.M.C is filed with multiple prayers in which the first prayer is to hold that the payment of the amount of compensation made by the petitioner directly to the complainant/first respondent amounts to remittance of the fine amount and payment of compensation to the complainant as contemplated under section 357(3) Cr.P.C and that the petitioner is not liable to further remit the fine amount directly to the court. The second prayer is to direct the Judicial First Class Magistrate Court V, Ernakulam to allow the petitioner to receive the sentence of imprisonment and, the third prayer is for a direction directing the trial court to release the amount of Rs.18000/- remitted as per Annexure A-2 receipt to the petitioner. If any one or all the above prayers are allowed, the same will amount to review of the order dated 7.4.2011 of this court in Crl.R.P No.979 of 2011 which is impermissible in law. Therefore, all the above prayers are rejected. Crl.MC.No.2100 /2011 :-2-: 3. In this juncture it is relevant to note that, following the guidelines issued by a Division Bench of this Court by its order dated 26.5.2011 in Crl.M.A.No.12247/2010 in Crl.R.P.No.1629/2010 and other connected cases, this Court by a common order dated 13.7.2011 in Crl.M.A.No.6065/2011 in Crl.R.P.No.3174/2011, Crl.M.A.No.3889/2011 in Crl.R.P.No.861/ 2011 and Crl.M.A.No.4656/2011 in Crl.R.P.No.542/2011, enlarged the time stipulated therein and granted one month time from the date of that order, as a last chance, to comply with the direction connected with the sentence and order for compensation/fine in those such disposed revision petitions. As the facts and circumstances and reliefs sought for in this Crl.M.C. are identical to those cases, I am of the view that in this Crl.M.C. also, the petitioner is entitled to get similar treatment and accordingly, the time fixed in the order in Crl.R.P.No.979 of 2011 can be enlarged and the petitioner can be granted one month time from today, as a last chance, to comply with the direction with respect to the sentence imposed while disposing of the Criminal Revision Petition. In the result, this Crl.M.C. is disposed of with a direction to the trial court concerned that in case the petitioner approaches the trial court within one month from today, as a last chance, to comply with the direction regarding sentence viz., either for serving the sentence/modified sentence or for depositing the fine/compensation, Crl.MC.No.2100 /2011 :-3-: as the case may be, he shall be permitted for the same treating the same as compliance of the direction contained in the above disposed Crl.Revision Petition. The coercive steps, if any already taken, shall be kept in abeyance till 18.8.2011. V.K.MOHANAN, Judge KVM/- Crl.MC.No.2100 /2011 :-4-: In the result, this petition is disposed of with a direction to the trial court concerned that in case the petitioner approaches the trial court within one month from today, as a last chance, to comply with the direction regarding sentence viz., either for serving the sentence/modified sentence or for depositing the fine/compensation, as the case may be, he shall be permitted for the same treating the same as compliance of the direction contained in the above disposed Crl.Revision Petition. The coercive steps, if any already taken, shall be kept in abeyance till 18.8.2011. V.K.MOHANAN, Judge KVM/- Hand over the order. Crl.MC.No.2100 /2011 :-5-: V.K.MOHANAN, J. Crl.MC.No.2100 /2011 :-6-: O.P.No. JUDGMENT Dated:..