Partly allowed

Rajendran Pillai v. State of Kerala

Kerala HC26 Feb 2016CRL.A/227/2016

Case brief

AI extract

What is this about?

The Kerala High Court reduced the bond forfeiture penalty imposed on the appellants from Rs. 20,000 to Rs. 15,000 each due to their financial inability. The penalty is to be recovered as a fine, with imprisonment for one month if unpaid within two months.

What did the court decide?

Reduction of bond forfeiture penalty to Rs. 15,000 each; penalty recoverable as fine; default leads to one month civil imprisonment.

Rajendran Pillai Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937

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CRL.A.No. 227 of 2016 ()

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APPELLANTS/COUNTER PETITIONERS :

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1. RAJENDRAN PILLAI, AGED 56 YEARS, S/O. KUNJU PILLAI, LEKHA SADANAM, KOTTANKARA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT

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2. OMANA KUTTAN PILLAI, AGED 47 YEARS, S/O. GOPALA PILLAI, IDIYANJAVILA VEEDU, KOTTANKARA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)

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RESPONDENT/STATE :

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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BY PUBLIC PROSECUTOR SMT. P. MAYA

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B. KEMAL PASHA, J.

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====================

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CRL.Appeal No. 227 of 2016

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====================

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Dated this the 26^th day of February, 2016

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J U D G M E N T

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Heard the learned counsel for the appellants.

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This is an appeal filed under Section 449 Cr.P.C.,

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challenging order dated 21.11.2015, passed by the Additional Sessions Court-V, Kollam in M.C.No.59 of 2015 in S.C.No.448 of 2015.

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The accused in Sessions Case No.448 of 2015 was taken on bail by the appellants herein, on executing bonds for ₹25,000/- each. The accused, against whom the offences under Sections 307 IPC etc. are alleged, has absconded. As his presence could not be procured, notices were issued to the appellants, thereby forfeiting their bonds. Even then the appellants could not produce the accused before the court below. Consequently, through the impugned order, the court below has imposed penalty of ₹20,000/-

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CRL.Appeal No. 227 of 2016

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-: 2 :-

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each on these appellants.

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According to the learned counsel for the appellants,

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the appellants are living in utter penury and they are not able to raise this much amount. On going through the facts and circumstances of the case and on hearing the learned counsel for the for the appellants, and also considering the pathetic situation, in which the appellants are put, this Court is of the view that a slight modification can be done in the order passed by the court below. This court is of the view that a penalty at the rate of ₹15,000/- (Rupees fifteen thousand only) will meet the ends of justice in this case. Therefore, the penalty imposed by the court below through the impugned order can be reduced to penalty at the rate of ₹15,000/- (Rupees fifteen thousand only) each.

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In the result, this Crl.Appeal is allowed in part and the penalty imposed by the court below is reduced to ₹15,000/(Rupees fifteen thousand only) each. The said amount of penalty shall be recovered as if it were fine imposed. In

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CRL.Appeal No. 227 of 2016

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-: 3 :-

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case the penalty is not recovered or paid within two months form today, such appellant/appellants shall undergo imprisonment in Civil Jail for one month.

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Sd/-

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B.KEMAL PASHA, JUDGE.

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DSV/26/2/16

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// True Copy //

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P.A. To Judge

Rajendran Pillai v. State of Kerala

Case brief

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Rajendran Pillai v. State of Kerala

Case brief

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