In this criminal revision, the High Court of Kerala reduced the penalty on sureties from Rs.14,000 each to Rs.5,000 each imposed for the accused's failure to appear, remitting the balance and allowing refunds for excess deposits.
Penalty reduced to Rs.5,000 each; balance Rs.15,000 each remitted; refunds permitted for any excess deposited.
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 P.UBAID
MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941
Crl.Rev.Pet.No.410 of 2019
JUDGMENT IN CRA 66/2018 of SESSIONS COURT, KASARAGOD DATED 5.2.2019
ORDER IN MC 234/2017 IN C.C.370/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT – II, HOSDURG DATED 23.10.2017
REVISION PETITIONERS/APPELLANTS/COUNTER PETITIONERS :-
1 ABDUL KHADER M.A., AGED 52 YEARS S/O.ABDUL REHMAN, R AT NALAAM MILE, CHENGALA VILLAGE, P.O.CHENGALA, KASARAGOD DISTRICT.
2 HASAINAR, AGED 52 YEARS, S/O.MUHAMMED, R/AT ADHUR P.O., ADHUR, KASARAGOD DISTRICT.
BY ADV. SRI.ARUNKUMAR A
RESPONDENT/RESPONDENT/STATE :-
STATE
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY SRI.AJITH MURALI, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No.410/2019
-: 2 :-
O R D E R
The revision petitioners herein are the sureties
of the accused in C.C.370/2015 of the Judicial First Class Magistrate Court-II, Hosdurg. When the accused
failed to appear in court, the learned Magistrate initiated proceedings against the sureties under Section 446 Cr.P.C. in M.C.234/2017. After recording forfeiture of the bond for Rs.20,000/- each, the learned Magistrate issued show cause notice to the sureties. Despite notice, they did not appear in court. In such a circumstance, the learned
Magistrate passed orders imposing the entire bond amount as penalty. Aggrieved by the said order dated 23.10.2017, the two sureties approached the Court of Session, Kasaragod with Crl.A.No.66/2018. In appeal, the learned Sessions Judge modified and reduced the amount of penalty to Rs.14,000/- each. The sureties
are now before this Court in revision.
the materials, I find no illegality or irregularity
Crl.Rev.Pet.No.410/2019
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in the orders passed by the courts below. Show cause
notice was given to the sureties, after recording
forfeiture of the bond executed by them. They did
not turn up to explain their failure to produce the
accused in court. Now, it is submitted that the
accused was later arrested in execution of the
warrant of arrest issued from the court, and he was remanded to custody. I find no illegality in the
order passed by the court below, or in the procedure
adopted by the trial court. Only a very slight
modification was made by the appellate court. On a consideration of the various aspects, including the
subsequent developments, I find that the amount of
penalty can be limited to Rs.5,000/- each.
In the result, the orders passed by the
courts below will stand confirmed, subject to further modification that the amount of penalty payable by the revision petitioners shall be Rs.5,000/- (Rupees Five thousand only) each from out of the bond amount, and the balance amount of Rs.15,000/- each will stand remitted under the law. If the revision petitioners
Crl.Rev.Pet.No.410/2019
-: 4 :-
have made deposit of any excess amount, that can be
refunded to them.
Sd/P.UBAID JUDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/1.7.2019
2 issues framed by the court
Whether the penalty imposed under Section 446 Cr.P.C. on the sureties for failure to produce the accused should be maintained at the appellate court's reduced rate or further modified?
Whether the balance bond amount after imposing a limited penalty on the sureties should be remitted?
2 provisions across 2 enactments
ABDUL KHADER M.A.
HASAINAR
STATE
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
