The Kerala High Court reduced bail forfeiture penalties imposed on a surety for an absconding accused charged under the Abkari Act, exercising discretionary power to remit part of the penalty under Section 446(3) Cr.P.C.
Fine reduced to Rs.4,000 each; default imprisonment reduced to one month; appellant directed to surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937
CRL.A.No. 1995 of 2004 ( )
AGAINST THE JUDGMENT IN Crl.MC 1349/2002 of III ADDITIONAL SESSIONS COURT, THRISSUR DATED 05-11-2002
APPELLANT(S)/COUNTER PETITIONER NO.2:: ------------------------------------PANKAJAN, S/O. NARAYANAN, MANAN HOUSE, VELLIKULANGARA VILLAGE, VELLIKULANGARA DESOM MUKUNDAPURAM TALUK.
BY ADVS.SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ
RESPONDENT(S)/COMPLAINANT;:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY PUBLIC PROSECUTOR SRI. N. SURESH
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 07-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.D. RAJAN, J.
Crl.Appeal No.1995 of 2004
Dated this the 7th day of January, 2016
JUDGMENT
This Criminal Appeal is preferred against the order in
Crl.M.C. No.1349/2002 in S.C. No.129/2000 of the
Additional Sessions Court-III, Thrissur. Counter petitioners No.1 and 2 in the above Crl.M.C are the sureties of the
accused in S.C.No.129/2000, which was charge sheeted u/s.55(g) of the Abkari Act. Appellant is the counter petitioner No.2. On 23.2.2002, the accused was enlarged on bail on executing a bond for Rs.10,000/- each by the sureties. Accused later absconded and coercive steps were initiated against him, but his presence could not be obtained.
In the circumstances, after issuing show cause, the trial
Crl.Appeal No.1995/2004 2
Court imposed a penalty of 10,000/- each with default₹ sentence of two months each in civil prison. Being aggrieved by that, sureties preferred this appeal.
Crl.Appeal is disposed of.
P.D. RAJAN, JUDGE.
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Crl.Appeal No.1995/2004
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Crl.Appeal No.1995/2004 4
1 provisions across 1 enactments
Pankajan
State of Kerala
P.D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
