The High Court of Kerala allowed a criminal appeal in part, confirming the forfeiture of bail bonds due to the accused absconding, but reduced the imposed penalty from Rs.30,000/- to Rs.15,000/- each for the sureties.
Penalty reduced from Rs.30,000/- to Rs.15,000/- each; to be paid within one month.
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 V.G.ARUN
MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942
CRL.A.No.773 OF 2020
AGAINST THE JUDGMENT IN SC 725/2016 OF SPECIAL COURT UNDER POCSO ACT, KASARAGOD
CRIME NO.993/2016 OF Hosdurg Police Station , Kasargod
APPELLANTS:
1 MINI AVIKKAL
AGED 36 YEARS
W/O.ASHOKAN K, ITTAMMAL HOUSE, KOLAVAYAL, AJANUR VILLAGE AND POST, HOSDURG TALUK, KASARAGOD.
2 SUMATHI
AGED 41 YEARS
W/O. MANI, R/A. AJANUR, KADAPPURAM, AJANUR VILLAGE AND POST, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.S.JIJI
RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.
SR.PP.C.S.HRITHWIK
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal NO.773/2020
2
V.G.ARUN, J.
=========================== Crl.Appeal No.773 of 2020
=========================== Dated this the 16th day of November, 2020
JUDGMENT
Appellants herein had stood surety for the accused in S.C.No.725 of 2016 on the file of Additional Sessions Court-I, Kasargod. The accused absconded after being enlarged on bail, resulting in Section 446 Cr.P.C proceedings being initiated against the appellants, consequent to which their bail bonds were forfeited and penalty of Rs.30,000/- each imposed.
Crl.Appeal NO.773/2020
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penalty.
In the result, the Crl.Appeal is allowed in part, confirming the imposition of penalty and reducing the quantum of penalty to Rs.15,000/- each, which the appellants shall pay within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
V.G.ARUN JUDGE
lgk
Crl.Appeal NO.773/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A-1 TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE SPL.DY.TAHSILDAR, HOSUDRG DATED 11.06.2020.
ANNEXURE A-2 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE DISTRICT MEDICAL BOARD.
2 issues framed by the court
Whether to confirm the imposition of bail bond forfeiture and penalty due to the accused absconding.
Whether the quantum of penalty of Rs.30,000/- should be reduced given the appellants' inability to prevent the accused's flight abroad.
1 provisions across 1 enactments
MINI AVIKKAL
SUMATHI
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
