Appeal by sureties challenging a penalty order under Section 446 Cr.P.C. for the accused's absence. Court upheld liability as sureties but reduced penalty from 50,000 to 25,000 per appellant due to ends of justice. Adjusted deposited amount.
Penalty reduced to 25,000 per appellant; deposited amounts adjusted; coercive steps cancelled.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934
CRL.A.No. 1156 of 2012 (D)
MC.NO.60/2011 IN SC.278/2011 of I ADDL. SESSIONS COURT, KOLLAM
APPELLANTS/COUNTER PETITIONERS:
BY ADVS.SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.V.S.THOSHIN
RESPONDENT/PETITIONER:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 26-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Crl.A.No.1156 of 2012
Dated this the 26th day of September, 2012
JUDGMENT
This is an appeal filed under Section 449 of Cr.P.C. at the instance of the appellants who are sureties for the sole accused in S.C.No.278 of 2011 of the court of the first Additional Sessions Judge, Kollam since they are aggrieved by the order dated 20/10/2011 of the very same trial court in M.C.No.60 of 2011 by which the learned Judge imposed a penalty of `50,000/- on each of the appellants.
Crl.A.No.1156/2012
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Therefore the counsel submits that the order impugned is illegal and liable to be set aside and alternatively it is submitted that a lenient view may be taken with respect to the penalty amount.
Crl.A.No.1156/2012
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imposed a penalty of `50,000/- on each of the appellants which is equivalent to the bond amount which according to the learned counsel is arbitrary and illegal. Therefore the counsel submits that a lenient view may be taken with respect to the penalty amount especially considering the fact that the accused has already appeared before the trial court which resulted in his conviction.
25,000/- which will be sufficient to meet the ends of justice. Accordingly while confirming the liability of each of the appellants under Section 446 of Cr.P.C., each of them are directed to pay a penalty of 25,000/- under Section 446 of Cr.P.C.Crl.A.No.1156/2012
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deposited `25,000/- as evidenced by the receipts issued from the Sessions Court, Kollam which are produced as per the memo dated 13/09/2012 and the said amount may be ordered to be adjusted towards the revised penalty amount.
The Criminal Appeal is disposed of accordingly.
V.K.MOHANAN, JUDGE
skj
2 issues framed by the court
Whether the appellants are liable to pay the penalty imposed for the failure of the accused to appear in court.
Whether the penalty amount imposed by the trial court is arbitrary and requires modification.
2 provisions across 1 enactments
Asokan
Mohan
State of Kerala
V.K. MOHANAN
As recorded by the court registry
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