K.C. filed a criminal revision petition to set aside a penalty imposed on sureties for producing an absconding accused. The court reduced the penalty from Rs.5,000 to Rs.500 per surety.
The penalty of Rs. 5,000 imposed on each surety was set aside and reduced to Rs. 500 payable within one month.
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 P.BHAVADASAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2012/21ST MAGHA 1933
Crl.Rev.Pet.No. 366 of 2012 ( )
CRA.206/2009 of D.C. & SESSIONS ,KALPETTA,WAYANAD MC.74/2008 of J.M.F.C.-II, MANANTHAVADY
REVISION PETITIONERS/APPELLANTS/RESPONDENTS:
1. WILSON, AGED 43 YEARS, S/O.KURIAN, KRIMANAL HOUSE KUTTIMOOLA, VALAD, WAYANAD DISTRICT.
2. JOSEPH AGED 45 YEARS, S/O.JOSEPH, KADAPPUR HOUSE VALAD, PEROOR, WAYANAD DISTRICT.
BY ADVS.SRI.E.C.BINEESH SMT.M.B.SHYNI
RESPONDENT/PETITIONER:
R BY PUBLIC PROSECUTOR, SMT.SEENA RAMAKRISHNAN
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10-02-2012 ALONG WITH Crl.Rev.Pet.No.367/2012 AND Crl.Rev.Pet.No.369/2012. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SU
P.BHAVADASAN, J.
---------------------------------Crl. R.P. No.366 of 2012 & Crl. R.P. No.367 of 2012 & Crl. R.P. No.369 of 2012
Dated this the 10th day of February, 2012.
ORDER
The revision petitioners in three cases stood as sureties for the accused in C.C No. 415/2006 before the Judicial First Class Magistrate Court-II, Mananthavady when the accused in the said case were released on bail. Later the accused absconded and proceedings under Section 446 Cr.P.C were initiated against the
sureties. On the failure to show sufficient cause, the trial court directed the petitioners to pay Rs.5000/- each within one month as penalty.
2
Crl. R.P. No.366, 367 &369/2012
Therefore, these revision petitions are allowed and the penalty imposed by the courts below are set aside and instead of penalty of Rs.500/- is imposed in each of these cases is imposed on each of the sureties to be payable within one month from today, failing which, each of the petitioners in each of the cases will have to undergo simple imprisonment for ten days.
P. BHAVADASAN, JUDGE
Scl.
2 issues framed by the court
Whether the penalty imposed on sureties for absconding accused should be reduced given the withdrawal of the prosecution case.
Whether leniency can be shown to sureties who claimed no wilful laches in producing the accused.
Wilson
Joseph
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
