IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.Rev.Pet.No. 3161 of 2009() -------------------------------- CRA.17/2000 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM CC.6/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA ................................................................................................ REVN. PETITIONER(S): REV.PETITIONERS/APPELLANTS/ACCUSED 1 TO 3 ---------------------------------------------------------------------------------- 1.BALACHANDRAN @ RAJAN, S/O.APPUKUTTAN NAIR, KOVINPURATHUTHAZHE VEEDU, KOLIYOOR DESOM, VENGANOOR VILLAGE. 2.UNNI, S/O.APPUKUTTAN NAIR, RESIDING AT KOVINPURATHUTHAZHE VEEDU, KOLIYOOR DESOM, VENGANOOR VILLAGE. 3.VENU, S/O.APPUKUTTAN NAIR, RESIDING AT KOVINPURATHUTHAZHE VEEDU, KOLIYOOR DESOM, VENGANOOR VILLAGE. BY ADV. SRI.G.SUDHEER SRI.M. JAYASREE RESPONDENT(S): RESPONDENT/COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. --------------------------------------------- Crl. R.P.No. 3161 of 2009 --------------------------------------------- Dated this the 19th day of October, 2009 ORDER The revision petitioners are the accused in C.C.No.6/1998 on the file of the Judicial Magistrate of First Class – III, Neyyattinkara. The Circle Inspector of Police, Kovalam Police Station in crime 82/97 prosecuted the revision petitioners, who are the brothers-in-law of PW1, alleging offence under section 341, 379 read with 34 I.P.C with a plea that on 25.5.1997 at 1.30 p.m, they wrongfully restrained their brother-in-law who was examined as PW1 and committed theft of TV, mixi, coat, table etc which were marked as MO1 to MO7 series and worth Rs.11,000/-. 2. On the side of the prosecution Pws 1 to 5 were examined. Exts.P1 to P5 were also marked. The revision petitioners denied the incriminating evidence. On his side, their sister who is the wife of PW1 was examined and Exts.P1 to P9 were marked. The learned Magistrate on Crl.R.P. No. 3161/2009 2 evaluation of the evidence arrived a conclusion of guilt and they were convicted. It was further found that the revision petitioners are entitled to the benevolent provisions of the Probation of Offenders Act. Accordingly instead of sentencing at once, they were ordered to be released under section 4(1) of the Probation of Offenders Act on executing a bond for a period of one year and in the mean time to keep good behavior and conduct. 3. Aggrieved by the above conviction and the order to release them under section 4(1) of the Probation of Offenders Act, they preferred Criminal Appeal 17/2000 before the Sessions Judge, Thiruvananthapuram. The Additional Sessions Judge (Fast Track) Adhoc–II, to whom the appeal was made over, by Judgment dated 30/8/2008 dismissed the appeal. 4. Assailing conviction and order to release the revision Crl.R.P. No. 3161/2009 3 petitioners on bail as confirmed in appeal, this revision petition was filed. 5. Having heard the learned counsel for the revision petitioner and perusing the judgment of the Court below, I find that the Courts below had correctly appreciated the evidence. In support of the prosecution case, there is the evidence of PW1 corroborated by testimony of PW2, 3, 6 and 8, who are independent witnesses. Their evidence is further corroborated by the seizure of the stolen articles from the house of the first revision petitioner. The courts below had concurrently given credence to the above evidence. I find no reason to arrive a divergent conclusion. The conclusion entered against the revision petitioners by the courts below requires, no interference in exercise of revisional powers. The order to release the petitioners Under Section 4(1) of the Probation of Offenders Act is quite appropriate. They are directed to execute a bond for Crl.R.P. No. 3161/2009 4 Rs.10,000/- with two solvent sureties each for like sum to the satisfaction of the trial Court with undertaking to receive sentence within a period of one year and in the mean time to keep good conduct and behaviour as directed by the trial Court in its judgment dated 29/12/1999. They shall appear before the trial Court and execute the bond within two weeks. Revision petition is devoid of any merit. Accordingly, it is dismissed. P.S. GOPINATHAN, JUDGE ss