In Criminal Appeal No. 1133 of 2016, the High Court of Kerala modified the penalty imposed on sureties who failed to produce the accused. Reducing the fine to Rs. 2,500/- each based on their age, financial status, and the accused's subsequent surrender.
Directing the appellants to pay a penalty of Rs. 2,500/- each to the Sessions Judge within three weeks.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938 CRL.A.No. 1133 of 2016 ()
APPELLANT(S)/COUNTER PETITIONER.:
BY ADVS.SRI.S.RAJEEV SRI. FEROZE SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENT(S)/PETITIONER.:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
R BY PUBLIC PROSECUTOR, SRI. M.R.DHANIL
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 1411-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CONTD...
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CRL.A.No. 1133 of 2016 ()
APPENDIX
PETITIONERS EXHIBITS :
ANNEXURE - I CERTIFIED COPY OF THE ORDER IN CMP NO. 2787/2016 OF ADDITIONAL SESSIONS JUDGE VII, THIRUVANANTHAPURAM
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN V., J.
Crl.A. No. 1133 of 2016
Dated this the 14th day of November, 2016
O R D E R
Crl.A. No. 1133 of 2016 -2-
the learned Public Prosecutor.
4.It is submitted by the learned counsel that the appellants are the aged parents of the accused. It is urged referring
to Annexure-A1 order dated 04.07.2016 that the
appellants had later produced the accused before the Court of Session and he was enlarged on bail. It is further contended that the penalty imposed is on the higher side and prays for leniency.
5.I have heard the learned public prosecutor as well.
6.It is borne out from the records that the accused had later surrendered and he is now facing the trial. After having bestowed my anxious consideration to the various aspects which include the age and financial condition of the appellants, their relationship with the accused, the fact that the accused had later surrendered and the other facts and circumstances, I am of the view that the penalty imposed on the appellants is to be modified.
Crl.A. No. 1133 of 2016
-3-
8.In the result, the appeal will stand partly allowed and the appellants are directed to pay a penalty of Rs. 2,500/(Rupees Two Thousand Five hundred only) each before the learned Sessions Judge. The amount shall be remitted within a period of three weeks from today.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the penalty of Rs. 20,000/- imposed on sureties for failure of accused to appear should be modified considering their age and surrender of accused.
2 provisions across 1 enactments
Babu and Others
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
