Sureties appealed a forfeiture order for failing to personally appear in court despite representation. The judge set aside the order, citing poverty and lack of explanation, and reduced the penalty from Rs.25,000 to Rs.10,000 each.
Penalty reduced to Rs.10,000 each; balance remitted.
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 K.ABRAHAM MATHEW
TUESDAY, THE 27TH DAY OF JUNE 2017/6TH ASHADHA, 1939
CRL.A.No. 452 of 2017 ()
M.C.NO.10/2014 IN S.C.NO.378/2013 OF SESSIONS COURT, MANJERI
APPELLANT(S)/ACCUSED:
1. FATHIMA, D/O. IYYATHU, CHAKKANGAPARAMBATH HOUSE, TRIPRANGOD, TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676 101. 2. GANESAN, S/O. MUNDA (KUTTAYI), KOLLEZHIPARAMBIL HOUSE, ANAKKARA P.O., THRITHALA, OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679 551. BY ADVS.SRIP.S.SUJETH SRI.K.ABDUL HAKEEM SMT.M.R.REENA
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 27-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SKG
CRL.A.No. 452 of 2017 () -------------------------
APPENDIX
PETITIONER(S)' ANNEXURES
RESPONDENT(S)' ANNEXURES
NIL
/TRUE COPY/
P.S. TO JUDGE
SKG
K. ABRAHAM MATHEW, J.
-------------------------------------Crl.Appeal. No.452 of 2017
Dated this the 27th day of June, 2017
JUDGMENT
The appellants were the sureties of the accused in S.C. No.378 of 2013 of the Sessions Court, Manjeri. On the failure of the accused to appear before the Court, the learned Sessions Judge recorded forfeiture of the surety bond and initiated proceedings against the petitioners in M.C. No.10 of 2014. Though they entered appearance through an Advocate, they did not personally appear before the Court or give any explanation. So, the learned Sessions Judge ordered them to pay the bond amount of Rs.25,000/- each as penalty. This is challenged.
Crl.Appeal. No.452 of 2017
2
irregularity in the procedure followed by the learned Sessions Judge. The petitioners' case is that they belong to BPL group and so the order of the learned Sessions Judge may be set aside. Poverty of the petitioners is no ground to set aside the order. They had no explanation to offer when they were issued notice. But having regard to the facts of the case, I am inclined to reduce the penalty to Rs.10,000/- (Rupees Ten thousand only) each.
In the result, this Crl. Appeal is allowed in part. The penalty imposed by the learned Sessions Judge is reduced to Rs.10,000/- (Rupees Ten thousand only) each. Credit shall be given to the amount already deposited in the trial Court. The balance amount is remitted.
Sd/-
K. ABRAHAM MATHEW,
JUDGE.
//True Copy//
P.A. to Judge
sp/27/06/17
1 issue framed by the court
Whether the penalty imposed on the sureties for non-appearance should be reduced considering their financial status.
Fathima
Ganesan
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
