This criminal appeal challenges a forfeiture order against sureties for a non-present accused. Since the main proceedings were subsequently quashed, the Judge directed a remission of only Rs.5,000/- each instead of the total forfeited amount of Rs.20,000/-.
Appellants directed to pay a penalty of Rs.5,000/- each within three weeks to the jurisdictional court.
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 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940
CRL.A.No. 364 of 2019
AGAINST THE ORDER DATED 4.4.2016 M.C. NO.127/2017 IN SC NO.328/2015 ON THE FILES OF THE ADDITIONAL SESSIONS COURT-III, MANJERI
APPELLANTS/SURETIES:
1 ABU, AGED 60 YEARS,
S/O. KUNHIMOIDU, POOVVARAKAYIL HOUSE, PERUMPADAPPU, PONNANI, MALAPPURAM DISTRICT.
2 BEEVATHU, W/O. ABU POOVVARAKAYIL, POOVVARAKAYIL HOUSE, PERUMPADAPPU, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.R.RANJITH (MANJERI)
RESPONDENT/STATE:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SMT. MAYA M. N.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A.364/2019
2
JUDGMENT
This appeal is preferred under Section 449 of the Code of Criminal Procedure challenging the proceedings in M.C. No. 127 of 2015 in S.C. No. 328 of 2015 on the file of the Additional Sessions Judge-III, Manjeri.
No.7538 of 2016 has quashed the entire proceedings in S.C. No.328 of 2015 on the file of the Additional Sessions Court-III,
CRL.A.364/2019
3
Manjeri. The order under challenge was passed prior to the termination of the proceedings. It is prayed that a lenient view be taken in view of the subsequent turn of events.
In the result, this appeal will stand disposed of directing the appellants to pay a penalty of Rs.5,000/- (Rupees Five Thousand only) each before the jurisdictional court. The amount shall be remitted within a period of three weeks from today.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
krj
//TRUE COPY// P.A. TO JUDGE
2 issues framed by the court
Whether leniency should be shown to appellants who are sureties for an accused since the proceedings against the accused were subsequently quashed.
Whether the appealed order forfeiting the entire bond should be modified in light of the quashing of the main trial.
2 provisions across 1 enactments
Abu
Beevathu
The State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
