The High Court allowed the criminal appeal in part. It reduced the penalty directed to be paid by the appellants (sureties) from Rs.10,000 to Rs.7,500 each, considering their economic conditions, acknowledging the accused was absconding.
The penalty on the appellants is reduced from Rs.10,000 to 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 K.ABRAHAM MATHEW
TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940
CRL.A.No. 886 of 2018
MC NO. 18/2017 IN SC NO.406/2015 OF ADDITIONAL SESSIONS COURT-I, KOTTAYAM
APPELLANT(S)/COUNTER PETITIONERS 2 AND 3
BY ADV.SRI.M.DINESH
RESPONDENT(S)/STATE & 1ST COUNTER PETITIONER/ACCUSED:
1. STATE OF KERALA
2. HAREESH,
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 17-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. ABRAHAM MATHEW, J.
Crl. Appeal No. 886 of 2018
Dated this the 17th day of July, 2018
J U D G M E N T
Appellants were sureties of an accused in SC No. 406 of 2015 on the file of the Additional Sessions Court-I,
Kottayam. On the failure of the accused to appear, the trial court recorded forfeiture of the bond and initiated proceedings against the accused as well as the appellants by registering MC No. 18 of 2017. The appellants did not show cause whey they should not be directed to pay the bond amount as penalty. The trial court directed them to pay Rs.10,000/- each as penalty. This is challenged.
Crl. Appeal No. 886 of 2018
..2..
magistrate. It is submitted that some leniency may be shown in the matter of penalty. The trial court took notice of the economic conditions of the appellants before the amount was fixed. Having regard to these facts, I think the penalty may be reduced to Rs.7,500/(Rupees seven thousand and five hundred only) each. In the result, this Crl. Appeal is allowed in part. The penalty the appellants are directed to pay is reduced to Rs.7,500/- (Rupees seven thousand and five hundred only) each.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/17.07.2018
1 issue framed by the court
Whether the penalty imposed on sureties for the accused's failure to appear can be mitigated considering his economic conditions.
SURESH.K
VISWAPPAN
STATE OF KERALA
HAREESH
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
