This criminal appeal sought modification of a bail bond forfeiture order. The High Court reduced the penalty from Rs.80,000 to Rs.40,000 each and corrected the legal impermissibility of ordering detention simultaneously with penalty.
Penalty reduced to Rs.40,000 each to be paid within three months; order for simultaneous detention removed.
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
MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941
CRL.A.No.146 OF 2020
AGAINST THE ORDER/JUDGMENT IN MC NO.13/2019 IN SC 787/2018 DATED 11-07-2019 OF II ADDITIONAL SESSIONS COURT, NORTH PARAVUR
CRIME NO.805/2018 OF Kalamassery Police Station , Ernakulam
APPELLANTS:
1 ANTONY, AGED 59 YEARS S/O. RAPHAEL, KARAKKAPPARAMBIL HOUSE, CHENNUR, KOTHADU POST, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK, ERNAKULAM PIN - 682 027
2 JACOB @ JOSE AGED 54 YEARS S/O. ANTONY, THAIPPARAMBIL HOUSE, THUNDATHUMKADAVU, VARAPPUZHA VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683 517
BY ADVS. SRI.K.C.ELDHO SRI.MALLENATHAN.M. SMT.K.SINDHU ELIAS SRI.AVINASH K.KRISHNAN SMT.KRISHNA SANTHOSH SMT.HARITHA JAYAN
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031
SRI.C.S.HRITHWIK SR GP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 10.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.A.No.146 OF 2020
JUDGMENT
Dated this the 10th day of February 2020
The appellants stood surety for one of the
accused in SC No.787/2018 on the file of the
Ist Additional Sessions Court, North Paravur, for having allegedly committed offence punishable under Section 20(b)(ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985.
did not appear, and consequent to that MC No.13/2019 was registered against the
appellants under Section 446 of the Cr.P.C. The
bail bond executed by them was for Rs.1,00,000/-, and after hearing them the bail
bond was forfeited and they abide to pay a penalty of Rs.80,000/- and the balance amount
CRL.A.No.146 OF 2020
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was remitted. There was also an order to the
effect that failure to realize the amount by
revenue recovery shall entail in the
petitioners being detained in the civil prison for a period of two months.
appellants and also the learned Public Prosecutor.
any illegality in the order of forfeiture of bond and imposing of penalty. The only point that is to be considered whether the penalty imposed is exorbitant or not. The appellants contend that, the accused has absconded and gone to his native place, and that it is not within their power get him back.
are unable to produce the accused, the penalty
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CRL.A.No.146 OF 2020
of Rs.80,000/- is reduced to Rs.40,000/- each. There is also an infirmity in the order to the effect that the imprisonment is ordered simultaneously with the order of penalty. Under as per the proviso of the Section 446(2) of the
Cr.P.C, only when the amount of penalty is not paid or could not be recovered can the surety be made liable for imprisonment in the civil prison.
Therefore, the appeal is allowed in part, and the impugned order passed by the Ist Additional Sessions Court, North Paravur, in MC No.13/2019 is modified to the extent
that the penalty shall be reduced to Rs.40,000/-(Rupees Forty thousand only) each and the said amount shall be paid within a
period of three months, failing which, the trial court is at liberty to take appropriate
CRL.A.No.146 OF 2020
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steps for recovery as prescribed in the Cr.P.C including detention.
Sd/-
ASHOK MENON
JUDGE
spk
CRL.A.No.146 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, CENTRE POLICE STATION
ANNEXURE A1(A) A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 20.12.2019
ANNEXURE A2 A TRUE COPY OF THE COMPLAINT DATED 17.12.2019 SUBMITTED BY THE APPELLANTS
ANNEXURE A3 A TRUE COPY OF THE FEE RECEIPT DATED 24.12.2019 ISSUED BY THE BAR COUNCIL OF KERALA
RESPONDENT'S/S EXHIBITS:NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the penalty imposed by the trial court under Section 446 of the Cr.P.C. for forfeiture of bail bond is exorbitant.
Whether the provision for detention in civil prison can be ordered simultaneously with the order of penalty under Section 446 of the Cr.P.C.
2 provisions across 2 enactments
ANTONY
JACOB @ JOSE
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
