High Court allowed criminal appeal partly. Court modified penalty from 5000/- to 500/- each for appellants sureties who failed to produce accused after bond forfeiture, adding one month detention if unpaid.
Penalty reduced to Rs.500/- each; detention of one month in Civil Prison in default of payment.
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.
CRL.A NO. 478 OF 2007
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
CRL.A NO. 478 OF 2007
AGAINST M.C.NO.21/2006 IN CC 574/2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PERINTHALMANNA
APPELLANTS:
1 KAVATHIPARAMBU CHIDAMBARAN S/O. CHINNAN, PARUTHIPPULLI AMSOM, DESOM, ALATHUR TALUK, PALAKKAD.2 KALIPPATTA KUTTAN, S/O. CHAMI KALIPPATTA HOUSE, VEMMANIYOOR AMSOM DESOM,, PARUTHIPULLI, ALATHUR TALUK, PALAKKAD,, PERINGOTKURSSI VILLAGE.BY ADVS.
SMT.K.G.SAROJINI
SMT.N.C.SALINI
RESPONDENTS:
1 STATE THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.2 DISTRICT COLLECTOR PALAKKAD.3 VILLAGE OFFICER PARUTHIPULLY.BY SRI.SANGEETHA RAJ-PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 478 OF 2007
2
K.BABU, J.
Crl.A No.478 of 2007
Dated this the 24th day of May, 2023
JUDGMENT
This appeal arises from the order dated 12.1.2007 passed by the
Judicial First Class Magistrate Court II, Perinthalmanna in M.C.No.21/2006.
No.574/2003. The accused was released on bail on executing a bond for Rs.20,000/- (Rupees Twenty Thousand only). The appellants along with the accused executed a bond undertaking that the accused shall attend the Court and forfeit the bond amount on the failure of the appearance of the accused. When the accused failed to comply with the conditions stipulated in the bail bond, the bond stood forfeited. Subsequently, the Court below registered the above referred M.C against the appellants.
Notices were served on the appellants to show cause why penalty should
not be imposed. When the appellants failed to show sufficient cause, the
CRL.A NO. 478 OF 2007
3
Court directed them to pay penalty of Rs.5,000/- each.
in appeal.
below did not grant sufficient time to produce the accused before the Court.
CRL.A NO. 478 OF 2007
4
mere absence of the accused on the date fixed would result automatically
in the forfeiture of the bond. The law on this point was settled by a Division Bench of by this Court in Thundichi v. State of Kerala [2009 (4) KLT 67].
to show sufficient cause for the non-payment of penalty. Therefore, this Court finds that the Court below is perfectly justified in holding that the appellants are liable to pay penalty.
CRL.A NO. 478 OF 2007
5
penalty payable by the appellants is modified as Rs.500/- (Rupees Five Hundred only) each and in default of the payment, to undergo detention
in Civil Prison for a period of one month.
Sd/-
K.BABU, JUDGE
ab
2 issues framed by the court
Whether the penalty imposed on appellants for default in producing the accused before court was excessive.
Whether the High Court has the power to modify the penalty amount imposed under Section 446 Cr.P.C.
Colour shows how this judgement treated each authority
Thundichi v. State of KeralaRelied on¶47
Thundichi v. State of Kerala [2009 (4) KLT 67]
1 provisions across 1 enactments
KAVATHIPARAMBU CHIDAMBARAN
KALIPPATTA KUTTAN
STATE THE PUBLIC PROSECUTOR
DISTRICT COLLECTOR PALAKKAD
VILLAGE OFFICER PARUTHIPULLY
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court