Subaida K. v. State of Kerala
Case brief
What is this about?
Held that though settlement leading to acquittal is no ground to set aside forfeiture order, penalty reduced from Rs.30,000 to Rs.17,500 for each appellant.
What did the court decide?
Forfeiture order upheld but penalty reduced to Rs.17,500 each.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
CRL.A.No. 45 of 2019
AGAINST SC 505/2016 of ADDL. D.C. & SESSIONS COURT - IV, KOZHIKODE DATED 15-02-2018
CRIME NO. 402/2015 of Koduvally Police Station, Kozhikode
APPELLANTS:
1 SUBAIDA K. AGED 55 YEARS W/O LATE SAIDUTTY, MAVULLAKANDY HOUSE, KEDAVUR AMSOM DESOM, THAMARASSERY, PIN-673573.
2 NAFEESA, AGED YEARS W/O. MUHAMMED, ANAPPARAKKAL, KODUVALLY AMSOM DESOM, PIN-673572, KOZHIKODE TALUK.
BY ADVS. SRI.SANTHARAM.P SMT.REKHA ARAVIND SRI.PAUL P. ABRAHAM
Issues for consideration
2 issues framed by the court
Whether forfeiture of surety bond and recovery of penalty were justified when the accused was acquitted after settlement.
Whether the penalty amount ordered against appellants as sureties could be reduced.
Parties & counsel
- appellant
Subaida K.
- appellant
Nafeesa
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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