The High Court at Ernakulam disposed of an appeal against forfeiture of bail bond amount from sureties. Instead of quashing, the Court remanded the matter to the Special Court for fresh consideration pending the submission of mitigating circumstances.
The impugned order was quashed and the matter remanded to the Special Court for fresh consideration.
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 K.HARIPAL
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
CRL.A NO. 16 OF 2022
M.C. 2/2021 IN SC 267/2019 OF FAST TRACK SPECIAL COURT,
CHANGANASSERY
APPELLANTS/COUNTER PETITIONERS/SURETIES:
1 BAHULEYAN, AGED 70 YEARS S/O. SREEDHARAN, CHERUKATTIL HOUSE, CHOTTY KARA, MUNDAKAYAM, KANJIRAPPALLY TALUK, KOTTAYAM-686 506.
2 ASHA, AGED 45 YEARS D/O. SUGATHAN, THOTTUPURAM HOUSE, PANAKACHIRA KARA, KORUTHODU VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM-686 506.
BY ADVS.ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) PRAJIT RATNAKARAN RAJ CAROLIN V.
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY SMT. SREEJA V., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.A.No.16 OF 2022 2
JUDGMENT
Appellants are the sureties of the accused in S.C.
No.267/2019 pending before the Special Court for the trial of POCSO Act cases, Changanassery. When the accused failed to appear before court, after long absence when his counsel reported 'no instruction', the bond was forfeited and show cause notices were issued to the appellants/sureties as to why the bond amount shall not be realised from them as penalty.
Crl.A.No.16 OF 2022 3
the accused could not appear before the court due to covid related restrictions, that he is a youngster, after passing the impugned order, he has surrendered before court and has been released on bail. The learned counsel also requested for showing indulgence and according to him, the amount imposed as penalty is exorbitant.
With these observations, the Crl.Appeal is disposed of.
Crl.A.No.16 OF 2022 4
The appellants are directed to appear before the Special Court
on 17.03.2022.
SD/-
K.HARIPAL
JUDGE
DCS/16.02.2022
1 issue framed by the court
Whether the bond forfeiture order against sureties should be quashed or remanded for fresh consideration.
1 provisions across 1 enactments
BAHULEYAN
ASHA
STATE OF KERALA
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
