A single judge reduced the forfeiture penalty imposed on sureties from Rs.35,000 to Rs.2,000 each. The reduction was granted due to the quashing of the main case, the death of an appellant's daughter, and the appellants' status as poor laborers.
The penalty amount imposed on the appellants was reduced to Rs.2,000 each to be remitted within one month.
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 ALEXANDER THOMAS
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
CRL.A.No.1198 OF 2019
AGAINST THE ORDER/JUDGMENT IN SC 294/2016 DATED 30-06-2017 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA
APPELLANT/S:
1 DENNIS CHACKO, AGED 41 YEARS S/O. CHACHO, KUNNUMPURATH HOUSE, ERUVELLIPRA MURI, KATTAPUZHA VILLAGE, THIRUVALLA.
2 KURIEN P. T., AGED 54 YEARS S/O. THOMAS, POOVATHUPARAMBIL HOUSE, ERUVELLIPRA MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA.
BY ADVS. SRI.T.P.PRADEEP SRI.S.SREEDEV SRI.P.K.SATHEES KUMAR SMT.NITHYA VIJAYAN SMT.MINIKUMARY M.V.
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 04.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A.No.1198 OF 2019
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ALEXANDER THOMAS, J .
Crl. Appeal No.1198 Of 2019
Dated this the 4th day of November, 2019.
J UD G M E N T
The aforecaptioned appeal has been filed under Sec.449 of the Cr.P.C seeking to challenge the impugned order dated 30.6.2017 rendered by the Addl. Sessions Court-I, Pathanamthitta, on M.C.No.11/2017 in S.C.No.294/2016,
which reads as follows:
“CPs 1 & 2 served with notice. But CPs 1 and 2 are absent today. Hence it is to be presumed that they have no explanation to offer. Bond executed by CPs 1 & 2 stands forfeited. Hence CPs 1 & 2 ordered to pay a penalty of Rs.35,000/- each.”
2. The facts projected in this appeal are as follows:
The appellants are the counter petitioners 1 & 2 in
M.C.No.11/2017 in S.C.No.294/2016 on the file of the Addl. Sessions Court-I, Pathanamthitta. This case has been taken suo motu against the sureties of the accused in S.C.No.294/2016 of Addl. Sessions Court-I, Pathanamthitta under Sec.446 of the Cr.P.C. The appellants stood as sureties
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CRL.A.No.1198 OF 2019
of the accused before the court below and the accused was absconding during trial. Even though the appellants appeared before the court below and prayed time for producing the accused before the court below, the learned Sessions Judge has not granted time for producing the accused and without any further notice forfeited the bond executed by the petitioners and ordered CPs 1 & 2 to pay a penalty of Rs.35,000/- each. Offences alleged against the accused is under Sec.23 of the Juvenile Justice (Care and Protection of Children) Act in S.C.No.294/2016 and the accused settled disputes with the parents of the victim minor child and the proceedings against the accused was quashed by this Court as per Anx-A order dated 15.3.2018 in Crl.M.C.No.637/2018. The appellants are coolie workers belonging to poor families and the appellants have no income sources and that the 1st appellant's daughter succumbed to heart disease after a long treatment. It is in the light of these averments, that the instant Criminal Appeal has been filed.
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CRL.A.No.1198 OF 2019
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CRL.A.No.1198 OF 2019
within a period of one month from the date notified for receiving a certified copy of this judgment. In the event of the appellants not remitting the abovesaid amount of Rs.2,000/- before the court below concerned, the said court below will proceed for recovery of the said amount in accordance with law.
The Registry will forward a copy of this judgment to the Additional Sessions Court-I, Pathanamthitta, for necessary information.
With these observations and directions the above Criminal Appeal will stand disposed of.
Sd/ALEXANDER THOMAS, Judge.
bkn/-
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CRL.A.No.1198 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A A TRUE COPY OF THE ORDER DATED 15.03.2018 IN CRL. M.C. NO. 637/2018 PETITION FOR STAY OPERATION OF THE ORDER. ANNEXURE B TRUE COPY OF THE DEATH CERTIFICATE. ANNEXURE C CERTIFIED COPY OF THE ORDER DATED 30.06.2017 IN M.C.NO.11/2017 IN S.C.294/2016 OF THE ADDL. SESSIONS COURT-1, PATHANAMTHITTA.
1 issue framed by the court
Whether the forfeiture of the bond by sureties should be reduced given the quashing of the main criminal case and the financial hardship faced by the appellants.
2 provisions across 1 enactments
Dennis Chacko
Kurien P. T.
State of Kerala
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
