This criminal appeal by sureties challenged the penalty imposed for non-production of the accused. The High Court modified the penalty, reducing it from the bond amount to ₹5,000 each, considering the accused's subsequent surrender and eventual acquittal.
The penalty imposed on the appellants was reduced to ₹5,000 each.
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 B.KEMAL PASHA
THURSDAY, THE 25TH DAY OF FEBRUARY 2016/6TH PHALGUNA, 1937
CRL.A.No. 68 of 2014 ()
AGAINST THE ORDER IN MC NO. 15/2013 IN SC NO. 317/2012 OF ADDL. DISTRICT & SESSIONS COURT-II, PATHANAMTHITTA DISTRICT
APPELLANTS/SURETIES/COUNTER PETITIONERS :
1. RETNAMMA
2. VANAJAKSHIAMMA, AGED 63
BY ADVS.SRI.V.SETHUNATH
SRI.S.JUSTUS
RESPONDENT/COMPLAINANT /STATE :
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
B. KEMAL PASHA, J.
................................................................ CRL. Appeal No. 68 of 2014 ............................................................... Dated this the 25th day of February, 2016
J U D G M E N T
This is an appeal filed under Section 449 Cr.P.C. challenging order dated 21.05.2013 passed by the Additional District and Sessions Court-II, Pathanamthitta in M.C.No.15/2013 in S.C.No.317/2012.
in the case through judgment dated 31.5.2014 by the court
CRL. Appeal No. 68 of 2014
-: 2 :-
below.
court below and faced the trial, the appellants are entitled to maximum possible leniency in the question of penalty. The learned counsel for the appellants has pointed out that at the time when the appeal was admitted an amount of ₹ 5,000/- each was deposited before the court below as per the directions of this Court. On considering the entire matter, this Court is of the view that the penalty imposed by the court below on the appellants is excessive and the same can be reduced to ₹5,000/- each.
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 ₹5,000/- each.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether the penalty imposed on sureties for non-production of the accused can be reduced when the accused subsequently surrendered and was acquitted.
Whether the penalty imposed on sureties is excessive and requires modification in light of the accused's surrender and acquittal.
2 provisions across 1 enactments
Renumma
Vanajakshiamma
The State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
