Allowed

Aboobacker v. State of Kerala

Kerala HC10 Feb 2022Crl.MC/940/2022

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Miscellaneous petition filed by sureties aggrieved by a penalty order passed due to accused absconding. The court directed that the session court appeal be disposed of within one month and stayed recovery proceedings.

What did the court decide?

Proceedings for recovery of penalty are kept in abeyance; Additional Sessions Judge-I, Kozhikode to dispose of Crl.A.No.301/2021 within one month.

Aboobacker Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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THURSDAY, THE 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943 CRL.MC NO. 940 OF 2022

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[C.C.No.676 of 2019 on the file of Judicial First Class Magistrate Court-I, Thamarassery]

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PETITIONERS/PETITIONERS/SURETIES:

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1 ABOOBACKER, AGED 42 YEARS, SON OF AHAMMEDKUTTY HAJI, VARUVINKALAYIL HOUSE, ADIVARAM, THAMARASSERY, KOZHIKODE, PIN - 673573 2 ABDUL RASHEED, AGED 45 YEARS, SON OF ABDUL RAHIMANKUTTY, PARANGIMAVIN THOTTATHIL HOUSE, PERUMBALLY, THAMARASSERY, KOZHIKODE, PIN - 673573 BY ADVS. T.H.ARAVIND S.M.PRASANTH YEDU KRISHNAN R.

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RESPONDENT/RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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OTHER PRESENT:

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SR.PP - SMT. SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.940 of 2022

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:-2-:

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O R D E R

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Petitioners are sureties of the accused in C.C.No.676 of

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2019 on the file of Judicial First Class Magistrate Court-I, Thamarassery. When the accused absconded, proceedings under Section 446 of the Cr.P.C. were initiated against the petitioners and show cause notices were issued. Even though they entered appearance and sought for time for the production of the accused, they could not produce the accused for over two years and thus the M.C. was disposed of imposing penalty of Rs.25,000/- each. Aggrieved by the same, petitioners moved Crl.A.301 of 2021 before the Sessions Court and moved an application for staying the execution proceedings. By Annexure A3 order, that application was dismissed. Aggrieved by the same, petitioners have moved this Court under Section 482 of Cr.P.C.

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After hearing the learned counsel for the petitioners

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and also the learned Public Prosecutor, I do not find any reason to interfere with the order. However, the Crl.M.C. is disposed of

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Crl.M.C.No.940 of 2022

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:-3-:

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directing the learned Additional Sessions Judge-I, Kozhikode to dispose of Crl.A.No.301/2021 within a period of one month from today. Till the disposal of the Crl.Appeal, proceedings for the recovery of penalty imposed on the petitioners shall be kept in abeyance.

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Crl.M.C. is disposed of as above.

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sd/- K.HARIPAL, Judge

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MBS/

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Crl.M.C.No.940 of 2022

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:-4-:

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APPENDIX OF CRL.MC 940/2022

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PETITIONER'S ANNEXURES:

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Annexure1 THE TRUE COPY OF THE ORDER DATED 23.09.2021 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE -I, THAMARASSERY IN MC 60/2020 IN CC 676/2019 Annexure2 THE TRUE COPY OF THE CMP NO. 1292/2021 IN CRL APPEAL 301/2021 FILED BY THE PETITIONERS BEFORE THE HON’BLE SESSION’S COURT, KOZHIKODE Annexure3 THE TRUE COPY OF THE ORDER DATED 31.12.2021 PASSED BY THE COURT OF SESSIONS, KOZHIKODE IN C.M.P 1292/2021

Aboobacker v. State of Kerala

Case brief

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Aboobacker v. State of Kerala

Case brief

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