In this criminal appeal against forfeiture of bail bonds, the High Court reduced the penalty from Rs.15,000 to Rs.8,000 per appellant, noting the accused later appeared and was acquitted.
Penalty reduced from Rs.15,000 to Rs.8,000 per appellant.
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 BECHU KURIAN THOMAS
MONDAY, THE 3RD DAY OF JULY 2023 / 12TH ASHADHA, 1945
CRL.A NO. 457 OF 2016
SC 327/2015 OF SPECIAL COURT FOR SC/ST (PREVENTION OF ATTROCITIES)
ACT CASES, KOTTARAKARA
APPELLANTS/ COUNTER PETITIONERS (SURETY NOS.1, 2 AND 4 :
1 PUSHPA @ PUSHPAKUMARY, D/O. KRISHNAPILLAI, MARUTHIVILA VEEDU, PALAKKAD, KADAKKAL VILLAGE, KOLLAM DISTRICT
2 RAJASEKHARAN PILLAI, S/O. KOLAPPAN PILLAI, PONNANKODU VEEDU, EDAUYANNOOR, ITTIVA VILLAGE
3 LAMBODHARAN PILLAI,
S/O. PARAMESWARAN PILLAI, CHARUVILA PUTHEN VEEDU, THUDAYANNOOR, ITTIVA, KOLLAM DISTRICT
BY ADV SRI.ALEXANDER GEORGE
RESPONDENT/ PETITIONER :
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31
BY SRI.C N PRABHAKARAN, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 03.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 457 OF 2016
2
BECHU KURIAN THOMAS, J.
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Crl.A.No.457 of 2016
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Dated this the 3rd day of July, 2023
JUDGMENT
The appellants were the sureties for accused Nos.1 and 4 in S.C.No.327 of 2015 on the files of the Sessions Court (Special Court for SC/ ST (POA) Act cases), Kottarakara. Since the accused failed to appear before the court, proceedings were initiated against the appellants. Thereafter, the bail bonds were forfeited and penalty of Rs.15,000/- each was imposed which was equivalent to the bond amount executed.
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CRL.A NO. 457 OF 2016
Prosecutor.
accused, I am of the view that it is not essential in every case to impose the entire bail bond as the penalty. The circumstance of each case ought to be taken into consideration. Since in the present case the accused appeared subsequently and has even been acquitted, I am of the view that the entire amount of bail bond executed ought not to have been imposed as penalty. Taking into consideration, the circumstances, an amount of Rs.8,000/- each would be a sufficient and proper penalty.
Accordingly, I allow this appeal in part by confirming the penalty imposed in M.C.No.5 of 2016 in S.C.No.327 of 2015 on the files of the Sessions Court (Special Court for SC/ ST (POA) Act cases), Kottarakara and modifying the quantum to Rs.8,000/- per appellant.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
1 issue framed by the court
Whether the entire bail bond amount should be imposed as penalty when the accused appeared subsequently and was acquitted.
2 provisions across 2 enactments
Pushpa @ Pushpakumary
Rajasekharan Pillai
Lambodharan Pillai
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
