Allowed

Nishil v. State of Kerala

Kerala HC26 Feb 2016CRL.A/230/2016

Case brief

AI extract

What is this about?

This criminal appeal challenged the forfeiture of bail bonds and imposition of heavy penalties on appellants for the absconding of the principal accused. The court reduced the penalty for the principal appellant to the amount already paid and reduced the penalty for the sureties to ₹1,000 each, liable to imprisonment in case of default.

What did the court decide?

Penalty on 1st appellant reduced to ₹15,000 already paid; penalty on appellants 2 and 3 reduced to ₹1,000 each, payable within one month or undergo 7 days civil jail.

Nishil 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. 230 of 2016

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ORDER DATED 27-01-2016 IN MC 28/2015 OF ADDITIONAL SESSIONS COURT - IV, KOTTAYAM

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APPELLANT(S)/COUNTER PETITIONERS:

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-----------------------------------------------------------

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1. NISHIL, S/O.SHAMSUDHEEN, PALACKAL HOUSE, ASOKAPURAM, ALUVA VILLAGE.

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2. SHAMSUDHEEN, S/O.MOIDEENKUTTY, PALACKAL HOUSE, KODIKUTHIMALA, ALUVA WEST VILLAGE.

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3. ASAINAR,

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S/O.MOIDEENKUTTY, PUTHUVILAPARAMBU HOUSE, PAZHANGANADU KARA, KIZHAKKUMBHAGOM VILLAGE.

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BY ADVS.SRI.T.H.ABDUL AZEEZ SRI.V.A.AJMAL SMT.A.C.ARFANA

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RESPONDENT(S):

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-------------------------

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY GOVERNMENT PLEADER SMT.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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msv/

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CRL.A.No. 230 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE I: TRUE COPY OF THE RECEIPT FOR RS.15,000/- RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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

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CRL.Appeal No. 230 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 the order dated 27.01.2016, passed by the Additional Sessions Court-IV, Kottayam in M.C.No.28 of 2015 in S.C.No.342 of 2010.

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The 1^st appellant herein, who is the 1^st counter petitioner before the court below, is the accused in the Sessions Case. Appellants 2 and 3 are counter petitioners 2 and 3 before the court below. Appellants 2 and 3 took on bail the 1^st appellant on executing bonds for ₹40,000/- each. Subsequently the 1^st appellant absconded. Therefore, warrant was issued against the 1^st appellant. Notices were issued to appellants 2 and 3, thereby forfeiting their bonds. As they could not produce the 1^st appellant before the court

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CRL.Appeal No. 230 of 2016

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-: 2 :-

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below, penalty of ₹25,000/- each were imposed on these appellants through the impugned order.

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As per the direction of this Court, the 1^st appellant

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has surrendered before the court below and he was enlarged on bail. Through Annexure-I, the 1^st appellant has remitted an amount of ₹15,000/- out of the penalty imposed. Appellants 2 and 3 are none other than the father and the brother of the 1^st appellant.

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It is a fact that the Sessions Case was delayed as the 1^st appellant had absconded. Considering the totality of the circumstances and the fact that the 1^st appellant has willingly surrendered before the court below and is facing trial, this Court is of the view that the penalty imposed on the 1^st appellant can be reduced to ₹15,000/-, the amount which he has already deposited before the court below. With regard to appellants 2 and 3, this Court is of the view that they are entitled to maximum possible leniency and the penalty imposed on them can be reduced to ₹1,000/-

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CRL.Appeal No. 230 of 2016

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-: 3 :-

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(Rupees one thousand only) each.

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In the result, this Crl.Appeal is allowed in part, and the penalty imposed on the 1^st appellant is reduced to ₹15,000/(Rupees fifteen thousand only). He has already paid the penalty. The penalty imposed on the appellants 2 and 3 is reduced to ₹1,000/- (Rupees one thousand only) each. The said amount of penalty of ₹1,000/- (Rupees one thousand only) each has to be realised as if it were fine imposed. In case, the said amount of penalty is not paid by the appellants 2 and 3 within one month from today, such appellant/appellants shall undergo imprisonment in Civil Jail for 7 (Seven) days.

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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

Nishil v. State of Kerala

Case brief

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Nishil v. State of Kerala

Case brief

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