In this criminal appeal regarding bond forfeiture, the Court held that since the main criminal proceedings were quashed, remission of the penalty was appropriate to serve the ends of justice, reducing the fine from Rs. 20,000 to Rs. 7,500 per appellant.
Appellants directed to pay penalty of Rs. 7,500 each to be remitted within three 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 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938
CRL.A.No. 979 of 2016 ()
AGAINST THE ORDER DATED 11/07/2016 IN MC. NO.138/2015 IN S.C. NO.102/2013 OF ADDITIONAL SESSIONS COURT-III, MANJERI.
APPELLANTS/RESPONDENTS/SURETIES:
1. KATTANTAKATH BAVA, S/O MAMMUNNI, AGED 66 YEARS, KOTTANTAKATH HOUSE, VELIYAMKODE, PONNANI, MALAPPURAM DISTRICT.
2. KATTANTAKATH ASSAINAR, S/O MOIDEEN, AGED 73 YEARS, KOTTANTAKATH HOUSE, VELIYAMKODE, PONNANI, MALAPPURAM DISTRICT.
BY ADV. SRI.R.RANJITH (MANJERI).
RESPONDENT/COMPLAINANT/STATE:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 27-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
CRL.A.No. 979 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A CERTIFIED COPY OF THE ORDER DATED 29/06/2016 IN CRL.MC. NO.3335/2016 OF THIS HON'BLE COURT.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
RAJA VIJAYARAGHAVAN V., J.
Crl.A. No. 979 of 2016
---------------------------------------------Dated this the 27th day of October, 2016
J U D G M E N T
Crl.Appeal 979/2016
2
by order dated 29.6.2016, had quashed the proceedings against the accused in S.C.No.102 of 2013 pleads for leniency. It is submitted that the penalty imposed is on the higher side.
Sd/-
RAJA VIJAYARAGHAVAN.V. JUDGE
vps
1 issue framed by the court
Whether penalty under Section 446 CrPC should be modified when the main appeal proceedings are quashed.
2 provisions across 1 enactments
Kattantakath Bava
Kattantakath Assainar
The State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
