GIGIMOL RAJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr.P.C.

(2.) The petitioner herein and her husband Rajan Mathew are the owners of an item of property having an extent of 8 Ares situated within the limits of Mallappally village. By order dated 19.3.2015, the judicial Magistrate of the First Class, Thiruvalla, has ordered for attachment of the said property under Section 83 of the Code to secure the presence of her husband, Sri Rajan Mathew. Sri.Rajan Mathew, incidentally was the accused in C.C.No.426 of 2009 on the file of the Judicial First Class Magistrate Court, Thiruvalla.

(3.) The learned counsel appearing for the petitioner submitted that the petitioner and her husband were working abroad and they were not served with summons. According to the petitioner, her husband was arrested on 17.07.2015 and that he had pleaded guilty of the offence. It is submitted that Sri.Rajan Mathew had surrendered before the learned Magistrate on 17.07.2015., and he had pleaded guilty. He was sentenced to pay a fine of Rs.2,500/- of the offence under Section 257 (1) of the Cr.P.C. Relying on the decision of this Court in Abdul Khadar v. State of Kerala [2015 (5) KHC 361] and that of the Hon'ble Supreme Court in Vimalaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and others [(2008) 4 SCC 649], it is contended by the learned counsel that the purpose for which attachment was ordered having been achieved, the attachment ought to have been withdrawn and the property be restored.