This criminal appeal concerns sureties liable for a penalty due to the absconding of an accused. Upon the sureties producing the accused, the court allowed the appeal in part, modifying the penalty from Rs.35,000 to Rs.5,000 each.
The appeal was allowed in part and the penalty imposed on each appellant was reduced from Rs.35,000 to Rs.5,000.
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 ASHOK MENON
TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941
CRL.A.No.113 OF 2020
AGAINST THE ORDER/JUDGMENT IN MC NO.16/2019 IN SC 211/2018 OF ADDITIONAL SESSIONS COURT (SPECIAL COURT), KOTTAYAM
APPELLANT/S:
1 KUNJUMON
AGED 44 YEARS
S/O. RAGHAVAN, ELAVANATHARA HOUSE, CHEMMANATTUKARA MURI, T.V. PURAM VILLAGE, VAIKOM TALUK. PIN - 686 606
2 OMANA,
W/O. MANIAN, KIZHANGATTU HOUSE, MANNAR KARA, KADUTHURUTHY VILLAGE PIN - 686 604
BY ADVS. SRI.A.KRISHNAN SRI.JOSE JOSEPH (MANNAR)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM
OTHER PRESENT:
SRI. C.S. HRITHWIK SR. PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 10.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A.No.113 OF 2020 2
JUDGMENT
Dated this the 10th day of March 2020
Appellants are sureties to the accused in SC No.211/2018
on the files of the Additional Sessions Court-II, (SPL), Kottayam. The accused absconded, consequent to that M.C No.16/2019 was taken against the appellants, as a result of which, the court imposed penalty of Rs.35,000/- each on them, vide the impugned order dated 29.03.2019. The rest of the amount was remitted.
In view of the production of the accused by the sureties, they are entitled to a lenient view and therefore the appeal is allowed in part and the penalty imposed vide the impugned order is modified and reduced to Rs.5000/- each.
Sd/-
ASHOK MENON
rmm
2 issues framed by the court
Whether the penalty imposed on sureties for the absconding accused should be altered upon their subsequent production of the accused.
Whether the appeal by the sureties ought to be allowed or dismissed.
KUNJUMON
OMANA
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
