Criminal Appeal against the forfeiture order and penalty imposed on sureties under S. 446 CrPC. The High Court held that since the accused surrendered face trial, the penalty was excessive and reduced it from Rs.15,000 to Rs.7,500 each.
Impugned order modified; appellants directed to remit penalty of Rs. 7,500 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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938
CRL.A.No. 983 of 2016
M.C.NO. 54 OF 2015 IN S.C.NO. 333/2014 OF THE ADDITIONAL SESSIONS COURT-II, KASARAGOD
APPELLANT(S)/COUNTER PETITIONERS :
RAMLA A.K., AGED 36 YEARS, W/O. MOHAMMED, A.K.HOSUE, BALLA BEACH, KANHANGAD P.O., BALLA VILLAGE, KASARAGOD DISTRICT.
SUBAIDA M.A, AGED 33 YEARS, W/O. ABDUL AZEEZ, MEETHAL MOVAL, PALLIKARA VILLAGE AND POST, KASARAGOD DISTRICT.
BY ADV. SRI.K.P.HARISH
RESPONDENT(S)/PETITIONER :
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 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
CRL.A.No. 983 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: A CERTIFIED COPY OF THE ORDER DATED 16.02.2016 IN M.C.NO. 54 OF 2015 IN S.C.NO. 333/2014 ON THE FILE OF THE COURT OF ADDITIONAL SESSIONS JUDGE-II, KASARAGOD.
ANNEXURE A2: THE TRUE COPY OF RECEIPT DATED 14.06.2016 OF THE PENALTY AMOUNT DEPOSITED IN M.C.NO. 54 OF 2015 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE-II, KASARAGOD.
ANNEXURE A2(A): THE TRUE COPY OF RECEIPT DATED 14.06.2016 OF THE PENALTY AMOUNT DEPOSITED IN M.C.NO. 54 OF 2015 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE-II, KASARAGOD. ANNEXURE A3: THE TRUE COPIES OF THE CASE STATUS AND ORDER DATED 22.09.2016 SHOWN IIN THE E-COURT SITE.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
RAJA VIJAYARAGHAVAN.V, J
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Crl.Appeal No.983 of 2016
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Dated this the 17th day of October, 2016
J U D G M E N T
Crl.Appeal 983/2016
2
4.It is submitted by the learned counsel that the appellants are from the most backward section of the community and the penalty imposed is on the higher side. It is further pointed out that the accused had later surrendered before the court below and he was enlarged on bail.
Crl.Appeal 983/2016
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and the appellants are directed to remit a sum of Rs.7,500/- each towards penalty. The amount, if any, remitted shall be given credit to.
Appeal is disposed of.
Sd/RAJA VIJAYARAGHAVAN.V. JUDGE
vps
2 issues framed by the court
Whether the penalty imposed on the sureties for the forfeiture of bond is excessive considering the accused had surrendered.
Whether the impugned order under Section 446 CrPC modifying the penalty should be made more lenient in the present circumstances.
2 provisions across 1 enactments
Ramla A.K.
Subaida M.A
State of Kerala
Raja Vijayaraghavan.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
