Y.Damodaran v. State
Case brief
What is this about?
Kerala HC reduced the forfeiture penalty imposed on bail sureties from Rs. 15,000 to Rs. 5,000 each after finding that the appellants subsequently appeared before the court and the case was re-registered.
What did the court decide?
Penalty reduced to Rs. 5,000 each; no further recovery if Rs. 5,000 already paid.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944
CRL.A NO. 601 OF 2007
AGAINST THE ORDER/JUDGMENT IN M.C.NO.32/2005 IN SC NO.90/2003 OF
ADDITIONAL DISTRICT COURT (ADHOC-I), KASARAGOD
APPELLANTSCOUNTER PETITIONERS 2 & 3/SURETIES:
1 Y.DAMODARAN, AGED 55 YEARS, S/O.LAKSHMANAN, EROLE, BARA, HOSDURG TALUK,, P.O.PANAYAL, KASARGOD DISTRICT.
2 MUKUNDAN AGED 50 YEARS
S/O.RAMAYYA, NELLIYADUKKAM, PANAYAL VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the penalty imposed on the sureties for failure to produce the accused should be reduced given their subsequent appearance and the case being re-registered.
Whether leniency is allowable in a bail forfeiture case where the accused subsequently surrendered.
Parties & counsel
- appellant
Y. Damodaran
- appellant
Mukundan
- respondent
The State of Kerala
Coram
Case details
As recorded by the court registry
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