The Kerala High Court allowed a criminal appeal filed by sureties challenging a penalty imposition following the absconding of a bailable accused. Noting the accused's subsequent acquittal, the Court reduced the penalty amount.
Penalty of ₹25,000/- each reduced to ₹15,000/- each.
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 B.KEMAL PASHA
MONDAY, THE 28TH DAY OF MARCH 2016/8TH CHAITHRA, 1938
CRL.A.No. 196 of 2016 ()
ORDER IN M.C.NO.35/2011 IN SC.613/2010 OF ADDITIONAL DISTRICT & SESSIONS COURT(ADHOC)-III, KASARAGOD.
APPELLANT(S)/SURETY:
1. MOHAMMED SHAFI, S/O.B KHADER, MALLACHERIADAKA, MULIYAR VILAGE, KASARAGOD.
2. JAMEELA, AGED 43 YEARS, W/O.HAMMED, ANATHUNKARA, REBMATH NAGAR, CHENGALA VILLAGE, KASARAGOD.
BY ADVS. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT/COM.:
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 28-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
B. KEMAL PASHA, J.
................................................................ Crl. Appeal No. 196 of 2016
............................................................... Dated this the 28th day of March, 2016
J U D G M E N T
Heard the learned counsel for the appellants and the learned Public Prosecutor.
Crl. Appeal No. 196 of 2016
-: 2 :-
3rd accused was arrested and he faced the trial in S.C.No.310/2013, and he was acquitted.
In the result, this Crl. Appeal is allowed in part by reducing the penalty to ₹15,000/- each on the appellants. The penalty shall be recovered as if it were fine imposed under the Code. In case the penalty is not paid or recovered within 2 months from today, the said
Crl. Appeal No. 196 of 2016
-: 3 :-
appellant/appellants shall undergo imprisonment in Civil Jail
for a period of two months.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether the penalty imposed as sureties for bond execution should be reduced on account of the accused's subsequent acquittal.
Whether the appellants are entitled to leniency in the question of penalty considering the acquittal of the accused.
1 provisions across 1 enactments
Mohammed Shafi
Jameela
State of Kerala, Rep. by the Public Prosecutor
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
