Allowed

Ajayan v. State of Kerala

Kerala HC22 Jan 2016CRL.A/42/2016

Case brief

AI extract

What is this about?

In this criminal appeal regarding bond forfeiture under Section 446 Cr.P.C., the Court considered the appellant's inability to pay the imposed penalty due to his financial status as a labourer. It reduced the penalty from ₹25,000 to ₹15,000 and provided for imprisonment in lieu of payment if the amount remains unrecovered.

What did the court decide?

The penalty imposed on the appellant is reduced to ₹15,000. If unpaid, the appellant shall undergo imprisonment in civil jail for one month.

Ajayan Vs State of Kerala — Kerala HC (2016) — LawSathi Research

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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 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937

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CRL.A.No. 42 of 2016 ()

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MC 19/2013 IN SC NO. 996/2010 of ADDL. SESSIONS COURT - V, KOLLAM

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APPELLANT/2ND COUNTER PETITIONR :

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

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AJAYAN, S/O. BHARGAVAN, GEETHALAYAM, KOTTAYAKKAKAM CHAVARA

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BY ADV. SRI.K.SUBASH CHANDRA BOSE

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RESPONDENT/PETITIONER :

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

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF EKRALA

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 22-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.A.No. 42 of 2016 ()

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APPENDIX

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PETITIONER'S ANNEXURES :

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ANNEXURE I: COPY OF THE JUDGMENT DT 31/5/2013 IN SECTIONS CASE NO. 996/2010 BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE ADHOC-II, KOLLAM.

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ANNEXURE II: COPY OF THE SUMMONS CARD RECEIVED BY THE APPELLANT.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A.TO JUDGE

B. KEMAL PASHA, J.

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Crl. Appeal No.42 of 2016

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Dated this the 22^nd day of January, 2016

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~ ~ ~ ~ ~ ~ ~ ~ ~

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Heard learned counsel for the appellant.

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The appellant is the second counter petitioner in MC.19/2013 in SC.996/2010 of the Additional Sessions Court-V, Kollam. The said case was for the offences under Sections 399, 419 and 402 IPC and Section 5 of the Explosive Substance Act and Section 20 read with Section 27 of the Arms Act. The appellant along with the first counter petitioner in the MC took the 4^th accused in the case in Crime No.758/2008 bail on executing a bond for ₹50,000/- each. Subsequently, the 4^th accused, along with the 5^th accused and 8^th accused, absconded.

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Even though notices were issued to the sureties,

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they could not produce A4 before the court below. Consequently, the trial of SC No.996/2010 was proceeded

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Crl.A.42/2016

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: 2 :

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with as against A1, A2, A3, A6 and A7. The case against A4, A5 and A8 was split up. Through Annexure-A1 judgment, A1, A2, A3, A6 andA7 were acquitted.

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The bonds executed by the sureties were forfeited. As the sureties could not produce A4 before the court below, the proceedings under Section 446 Cr.P.C. were initiated. Through the impugned order, the court below has ordered the appellant and the first counter petitioner to pay penalty of ₹25,000/- each.

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The learned counsel for the appellant has pointed out that the appellant is a labourer, and it is not possible for him to raise that much money to pay the penalty. The learned counsel for the appellant seeks leniency.

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Considering the facts and circumstances of the case and on hearing the learned counsel for the appellant, this Court is of the view that a penalty of ₹15,000/- as against the appellant herein will meet the ends of justice in the case.

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Crl.A.42/2016

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: 3 :

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In the result, this Criminal Appeal is allowed in part by reducing the penalty in respect of the appellant ordered by the court below to ₹15,000/-. The appellant shall pay ₹15,000/- within two months from today. In case the penalty is not paid or could not be recovered, the appellant shall undergo imprisonment in civil jail for a period of one month.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/22/01

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// True Copy //

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PA to Judge

Ajayan v. State of Kerala

Case brief

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Ajayan v. State of Kerala

Case brief

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