Partly allowed

Narayanan v. State of Kerala

Kerala HC21 Jan 2016CRL.A/67/2016

Case brief

AI extract

What is this about?

This criminal appeal concerned appellants who were sureties for an accused who absconded, leading to bond forfeiture. The High Court modified the penalty imposed below, reducing it from the full bond amount to ₹15,000 each due to the appellants' poverty, granting a two-month period to pay before imprisonment for non-payment.

What did the court decide?

Penalty reduced to Rs. 15,000 each; two months' time granted to pay; sentence of one month's civil imprisonment upon default.

Narayanan Vs State of Kerala — Service and Employment | 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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THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937

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CRL.A.No. 67 of 2016 ()

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MC.NO. 35/2015 IN SC.NO.18/2015 OF ADDITIONAL SESSIONS COURT - III, KASARAGOD CRIME NO. 747/2013 OF BEKAL POLICE STATION, KASARGOD DISTRICT

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APPELLANTS/COUNTER PETITIONERS:

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1. NARAYANAN, AGED 54 YEARS,

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S/O.AMBADI, KUTTIKOL.P.O, KUTTIKOL VILLAGE,

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KASARAGOD TALUK, KASARAGOD DISTRICT.

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2. NARAYANAN, AGED 59 YEARS, S/O.KOTTAN, KOLATHUR.P.O, KOLATHUR,

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KASARAGOD DISTRICT.

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BY ADV. SRI.K.P.HARISH

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RESPONDENT/PETITIONER:

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

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BY PUBLIC PROSECUTOR SMT. MAYA

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 21-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

CRL.A.NO.67/2016

APPENDIX

PETITIONER'S ANNEXURES:

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ANNEX A1 A CERTIFIED COPY OF THE ORDER DATED 30/10/2015 IN MC.NO.35 OF 2015 IN SC.182015 ON THE FILE OF THE COURT OF ADDITIONAL SESSIONS JUDGE-III, KASARAGOD.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

sts

B. KEMAL PASHA, J.

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................................................................ CRL. Appeal No. 67 of 2016 ............................................................... Dated this the 21^st day of January, 2016

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J U D G M E N T

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Heard the learned counsel for the appellants and the learned Public Prosecutor.

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The appellants are the sureties of the first accused in S.C.No.18/2015 of the Additional Sessions

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Court-III, Kasaragod. The first accused was taken on bail by the appellants on execution of bonds for ₹25,000/- each. As the accused absconded, notices were issued to the appellants thereby forfeiting their bonds.

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Even then the appellants could not produce the said accused and the said accused is still absconding. The court below has chosen to impose a penalty of ₹25,000/each on the appellants. This is an appeal under Section

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CRL. Appeal No. 67 of 2016

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-: 2 :-

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449 Cr.P.C., by challenging Annexure A1 order passed by the court below.

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The learned counsel for the appellants has pointed

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out that the appellants are poor labourers and it is not possible for them to raise the amounts ordered by the court below. It has also been pointed out that the court below has failed to exercise the judicial discretion in the matter and the court below has chosen to impose the total bond amount as penalty. Considering the submissions made by the learned counsel for the appellants and the facts and circumstances of this case, this Court is of the view that a penalty at the rate of ₹15,000/- each will meet the ends of justice.

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In the result, this Crl. Appeal is allowed in part by modifying the impugned order. The penalty imposed by the court below on these appellants is reduced to ₹15,000/each. A period of two months is granted to the appellants to pay the said penalty. If the said penalty is not paid or could not be recovered after the expiry of the above said period,

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CRL. Appeal No. 67 of 2016

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-: 3 :-

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each of the appellant shall undergo imprisonment in civil prison for a period of one month each.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Narayanan v. State of Kerala

Case brief

What is this about?

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Narayanan v. State of Kerala

Case brief

What is this about?

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