Partly allowed

Hamza v. State of Kerala

Kerala HC11 Feb 2009Crl.Rev.Pet/87/2009

Case brief

AI extract

What is this about?

The High Court reduced the penalty payable by revision petitioners, who were sureties for the non-appearance of an accused, from Rs. 7,000 intermediately fixed to Rs. 5,000 each, showing indulgence due to the accused's subsequent appearance.

What did the court decide?

Penalty reduced to Rs. 5,000 per petitioner; deposit to be made within one month; liability for civil prison if irrecoverable.

Hamza Vs State of Kerala — Bail and Remand | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930

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Crl.Rev.Pet.No. 87 of 2009() -----------------------------------CRA.469/2005 of the Sessions Court, Manjeri MC No.7/2005 of the Judicial First Class Magistrate - I, Perinthalmanna

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REVN. PETITIONER(S): APPELLANTS/RESPONDENTS:

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HAMZA, S/O.VEERANKUTTY, POOKOTTUTHODI HOUSE, MANALAYA, PERINTHALMANNA, MALAPPURAM DISTRICT.

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HAMZA, S/O.ASSAINAR, PUNNATHIKAVU HOUSE, MANALAYA, PERINTHALMANNA, MALAPPURAM DISTRICT.

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BY ADV. SRI.DEVIDAS.U.K

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RESPONDENT: RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE

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S. I. OF POLICE, PERINTALMANNA BY THE GOVT.PLEADER, HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR SRI.JAYAKRISHNAN

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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=============

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Crl.R.P. No.87 of 2009

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Dated, this the 11^th day of February, 2009 ORDER

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Revision petitioners who are the sureties of the 7^th accused in C.C.No.292 of 2004 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna for the offences punishable under Sections 143, 147, 448, 380 read with Section 34 IPC were proceeded against under Section 446 of Cr.P.C. consequent on the non-appearance of the 7^th accused before the trial court. To the show cause notice issued against the petitioners, they did not even appear before the trial court. The bond amount was Rs.25,000/-. The trial court imposed the penalty of Rs.15,000/- on each of the petitioners. Petitioners had preferred Criminal Appeal No.469 of 2005 on the file of the Sessions Court, Manjeri. The learned Additional Sessions Judge as per judgment dated 12-6-2007 allowed the appeal in part reducing the penalty to Rs.7,000/- each. Hence, this revision.

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Crl.R.P.No.277 of 2009

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In as much as 7^th accused subsequently appeared before the court and case has since been disposed of, I am inclined to show some indulgence towards the petitioners. Accordingly, the penalty amount payable by each of the revision petitioners is reduced to Rs.5,000/-. The petitioners shall deposit the reduced penalty before the trial court within a period of one month from today. In case, the penalty is eventually found irrecoverable, the surety concerned shall be liable to be detained in civil prison for six months.

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Accordingly, this Criminal Revision petition is allowed in part.

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Dated this the 11^th day of February, 2009.

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V.RAMKUMAR, (JUDGE)

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skr

Hamza v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hamza v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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