CHIEF JUDICIAL MAGISTRATE Vs. STATE

JUDGEMENT

(1.) This Crl.M.C, arises from a letter received from the Chief Judicial Magistrate, Kasaragod. The. facts are these. One Kunhappan was an accused in four cases before the Judicial First Class Magistrate Court, Kasaragod. He was enlarged on bail in all those cases. But, later, he absconded and therefore, the Magistrate registered separate proceedings against him and the sureties. The bail bonds were forfeited and the Magistrate imposed a penalty of Rs. 1000/- each in all the cases against accused. Since he did not pay the amount, and distraint warrants also proved ineffective, the Magistrate sent him to civil jail to undergo imprisonment for four months each with a direction for concurrence.

(2.) Later, on a motion by the accused, set off for the period from 13-3-1989 to 20-3-1989 when he was reportedly in judicial custody pending trial was granted. The Magistrate sought sanction of the Chief Judicial Magistrate to write off the amount imposed as penalty in the above cases since the accused had undergone sentence of imprisonment. The Chief Judicial Magistrate has sought direction of this Court on the request of the Magistrate, to write off the penalty.

(3.) There are patent illegalities committed by the Magistrate.