CRL.A.No.535 of 2016, Criminal Appeal challenging forfeiture of bond order. Appellants were surety and accused; penalty imposed on bond forfeiture. Accused later acquitted in trial court. High Court allowed appeal, set aside order and reduced penalty to Rs. 1,500 each.
Impugned order set aside; appellants directed to remit penalty of Rs. 1,500 each within two weeks.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938
CRL.A.No. 535 of 2016
ORDER DTD.25.4.2011 IN MC.NO.38/2011 IN SC.NO.551/2008 OF ADDITIONAL SESSIONS COURT (ADHOC-II), KOLLAM
APPELLANT(S)/COUNTER PETITIONER 1 & 2:
1. RAJENDRAN, AGED 63 YEARS, S/O.KUNJURAMAN, SURGO BHAVAN, ELAVOOR CHERRY, PALLIMON VILLAGE, KOLLAM 691 576.
2. PUSHPA KUMARI, AGED 55 YEARS, W/O.RAJENDRAN, SURGO BHAVAN, ELAVOOR CHERRY, PALLIMON VILLAGE, KOLLAM 691 576.
BY ADVS.SRI.SHABU SREEDHARAN
SRI.S.VIJAYAN SRI.P.R.VIBHU SRI.JOLLY GEORGE SRI.JOHNY ANDREWS SMT.RESHMA ABDUL RASHEED SRI.K.V.PREMSANKAR SMT.K.SHAHIDA
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 11-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
CRL.A.No. 535 of 2016
APPENDIX
PETITIONER(S)' ANNEXURE: ANNEXURE 1: TRUE COPY OF THE LAND TAX RECEIPT DTD.11.11.2013. RESPONDENT(S)' ANNEXURE: -----------------------NIL //TRUE COPY// P.S.TO JUDGE
Msv/
RAJA VIJAYARAGHAVAN.V, J
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Crl.Appeal No.535 of 2016
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Dated this the 11th day of August, 2016
J U D G M E N T
Crl.Appeal 535/2016 2
the 2nd appellant was directed to pay penalty of Rs.25,000/-.
Crl.Appeal 535/2016
3
within two weeks from today.
Appeal is disposed of.
Sd/RAJA VIJAYARAGHAVAN.V. JUDGE
vpsxx
2 issues framed by the court
Whether the penalty for forfeiture of bond imposed under Section 446 CrPC is appropriate when the accused was later acquitted in the trial.
Whether the penalty imposed was excessive given the subsequent acquittal of the first appellant.
2 provisions across 1 enactments
Rajendran
Pushpa Kumari
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
