The High Court of Kerala allowed a criminal appeal in part, reducing the penalty imposed on appellants (sureties) for the absconding of an accused from Rs. 30,000 to Rs. 25,000 under Section 446 Cr.P.C., considering financial constraints and family ties.
Penalty reduced from Rs. 30,000 to Rs. 25,000 each; non-payment warrants one month civil imprisonment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
CRL.A.No. 109 of 2016 (A)
ORDER DTD.10.12.2015 IN M.C.NO.70/2015 IN S.C.412/2013 OF ADDITIONAL SESSIONS COURT-II, KASARAGOD
APPELLANT(S)/SURETY:
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1. ABDUL GAFOOR, AGED 49 YEARS, S/O.ABDULLA KUNHI, SANJAKADAU HOUSE, URDOOR P.O., KASARAGOD.
2. ASIYAMMA, AGED 61 YEARS, W/O.MOIDEENKUNHI, SANTHIYAD HOUSE, UPPALA, KAYYAR VILLAGE, KASARAGOD.
BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.MAYA
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
B.KEMAL PASHA, J.
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Crl.Appeal No. 109 of 2016
======================= Dated this the 28th day of January, 2016
JUDGMENT
The accused in a Sessions Case relating to an
offence under Section 20(b)(ii)(b) of the NDPS Act was taken on bail by the appellants on executing bond for ₹ 1,00,000/- each. The accused absconded. Even though coercive steps were taken against the accused, his presence could not be procured. Consequently, notice was issued to the sureties, thereby forfeiting their bonds. The appellants also could not procure the presence of the accused. Consequently, the court below has imposed a penalty @ 30,000/- to each of the₹ appellants under Section 446 Cr.P.C. The same is under challenge.
Crl.Appeal No. 109 of 2016
-: 2 :-
has pointed out that the appellants are living in poverty and the accused involved is none other than the brother of the 2nd appellant. It is also pointed out that the said accused has gone to Mumbai and his whereabouts are not presently known.
In the result, this Crl.Appeal is allowed in part by reducing the penalty to ₹25,000/- each on the appellants. In case, the penalty is not paid or cannot be recovered, each of them shall undergo imprisonment in civil jail for one month.
Sd/-
B.KEMAL PASHA, JUDGE
stu
1 issue framed by the court
Whether the penalty imposed on sureties for the absconding of the accused should be reduced.
2 provisions across 2 enactments
Abdul Gafoor
Asiyamma
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
