Sureties sought further leniency against reduced penalties imposed under CrPC Sec 446 after the accused they surrendered was later acquitted. The court allowed the matter in part, reducing the penalty further while denying absolution due to prior delay.
Petition allowed in part; penalty reduced to Rs.1,500 each; absolution from liability denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH FEBRUARY 2007 / 25TH MAGHA 1928
Crl.MC.No. 365 of 2007() -----------------------CRA.415/2005 of SESSIONS COURT, MANJERI MC.85/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR
PETITIONERS:
BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA
RESPONDENTS:
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY P.P. SRI.S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
CRL.M.C.NO. 365 OF 2007
Dated this the 14th day of February, 2007
ORDER
The petitioners are the sureties of an accused who faced indictment for the offence punishable under Sec.420 of the IPC. The accused was released on bail on condition that he executes a bond for Rs.5,000/- with two sureties and accordingly, on the bond executed by the petitioners, the accused was released on bail. He started absconding and proceedings under Sec.446 of the Cr.P.C. were initiated against the petitioners. They were directed to pay penalty of Rs.4,000/- each. At the stage of appeal, it was brought to the notice of the learned appellate Judge that the accused were produced subsequently and he has been acquitted after trial. In these circumstances, the petitioners pleaded for leniency and the appellate court reduced the amount of penalty from Rs.4,000/- to Rs.2,500/- each.
CRL.M.C.NO. 365 OF 2007 -: 2 :-
shown to the petitioners. They had ensured that the accused was available for trial though only after the original order under Sec.446 of the Cr.P.C. was passed. In these circumstances, maximum leniency may be shown to the petitioners, it is prayed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. To Judge
3 issues framed by the court
Whether leniency can be shown to sureties who failed to secure the accused promptly but obtained his acquittal.
Whether absolution from penalty liability can be claimed given the delay caused by the sureties.
Whether the appellate court's reduced penalty of Rs.2,500 can further be modified.
2 provisions across 2 enactments
NAZERR
M.A. MOHAMMED
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
