The Single Judge allowed the criminal appeal partly, reducing the penalty imposed due to bond forfeiture from ₹1,00,000 to ₹20,000, considering the appellant's financial hardship as a supporting mother.
The penalty imposed on the appellant was reduced from ₹1,00,000 to ₹20,000; the said amount shall be recovered as fine.
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
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2016/5TH PHALGUNA, 1937
CRL.A.No. 201 of 2016 (A)
M.C.NO.5/2014 OF ADDITIONAL SESSIONS COURT - II, NORTH PARAVUR
--------------------
APPELLANT(S)/CR. PETITIONER NO.3 :
SHEEJAKUMARI,
D/O.KUTTAN, PARAYAKONATHU MELEVEEDU, PUNNAKADU, BALARAMAPURAM, NEYYATTINKARA.
BY ADV. SRI.G.SUDHEER
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT.MAYA
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 24-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
B. KEMAL PASHA, J.
====================
CRL.Appeal No. 201 of 2016
====================
Dated this the 24th day of February, 2016
J U D G M E N T
Heard the learned counsel for the appellant and
the learned Public Prosecutor.
CRL.Appeal No. 201 of 2016
-: 2 :-
bonds. They have failed to produce the accused before the court below and consequently, the court below has imposed penalty of the entire bond amount of ₹1,00,000/- each, through the impugned order.
CRL.Appeal No. 201 of 2016
-: 3 :-
In the result, this Crl. Appeal is allowed in part, thereby reducing the penalty imposed by the court below to ₹20,000/- (Rupees twenty thousand only). The said amount of penalty shall be recovered as if it were fine imposed under the Code. If the amount of penalty is not paid or recovered within two months from today, the appellant shall undergo imprisonment in Civil Jail for one month.
Sd/- B.KEMAL PASHA, JUDGE.
DSV/24/2/16
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether the entire bond amount should be imposed as penalty when the accused absconded.
Whether the penalty can be reduced to meet the ends of justice considering the appellant's circumstances.
1 provisions across 1 enactments
Sheejakumari
State of Kerala
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
