Partly allowed

Sarasamma v. State of Kerala

Kerala HC29 Mar 2023CRL.A/492/2023

Case brief

AI extract

What is this about?

In this criminal appeal, appellants are sureties who failed to produce the accused. The Sessions Judge forfeited their bond fully. The High Court held the full penalty was excessive due to circumstances, reduced the penalty to Rs.15,000 each, and allowed the appeal on that extent.

What did the court decide?

The Criminal appeal is allowed to the extent the penalty quantum is reduced to Rs.15,000/- each.

Sarasamma Vs State of Kerala — Cheque Dishonour | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945

¶5

CRL.A NO. 492 OF 2023

¶6

AGAINST THE ORDER/JUDGMENT DATED 12.08.2022 IN M.C.NO.3/2021
IN SC 953/2014 OF ADDITIONAL SESSIONS JUDGE-II, ALAPPUZHA

¶7

APPELLANTS/COUNTER PETITIONER NOS. 1 AND 2 :

¶8

1 SARASAMMA, AGED 70 YEARS D/O. DEVI, PERUMALATH VEETTIL, PALLANA MURI, THRIKUNNAPUZHA VILLAGE, ALAPPUZHA,, PIN – 688 561.

¶9

2 ARYA.R., AGED 38 YEARS W/O LIJI, PUTHANCHIRAYIL, PANOOR MURI, THRIKUNNAPUZHA VILLAGE, ALAPPUZHA., PIN – 688 561. BY ADV R.UMASANKAR

¶10

RESPONDENT/PETITIONER :

¶11

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN – 682 031.
PP SREEJA V.

¶12

THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶13

CRL.A NO. 492 OF 2023

¶14

¶15

BECHU KURIAN THOMAS, J

¶16

Crl.Appeal No.492 of 2023

¶17

Dated this the 29^th day of March, 2023

¶18

JUDGMENT

¶19

The appellants are the sureties of the 3^rd accused in S.C.No.953/2014

¶20

on the files of the Additional Sessions Court-II, Alappuzha. The 3^rd accused is alleged to have committed offences under various Sections

¶21

including 307 of the Indian Penal Code, 1860 apart from Section 27(1) of the Arms Act, 1959.

¶22

When bail was granted to the 3^rd accused in the above referred case, the appellants had executed a bond for Rs.25,000/- each as sureties to the said accused. Since 3^rd accused failed to turn up, and the appellants failed to produce him, the learned Sessions Judge forfeited

¶23

the bail bonds and issued notice. Despite receiving notice, appellants did not appear before the court, and in such circumstances, the learned Sessions Judge imposed the entire bond amount as a penalty.

¶24

Sri.R.Umasankar, the learned counsel for the appellants, submitted that the imposition of a penalty equivalent to the entire bond amount is legally improper and the learned Magistrate has issued the

¶25

CRL.A NO. 492 OF 2023

¶26

¶27

order mechanically without considering any of the circumstances.

¶28

On a perusal of the impugned order, though the learned Sessions Judge was justified in imposing the penalty, considering the

¶29

circumstances, I am of the view that the entire amount of bond ought not to have been imposed as a penalty.

¶30

Having regard to the circumstances, including the financial condition of the appellants, as submitted by the learned counsel for the appellants, I am of the view that an amount of Rs.15,000/- would have been a reasonable penalty. Accordingly, while confirming the order imposing penalty upon the appellants, the quantum shall stand

¶31

reduced to Rs.15,000/- [Rupees Fifteen thousand only] each.

¶32

The Criminal appeal is allowed to the above extent.

¶33

sd/BECHU KURIAN THOMAS JUDGE

¶34

AMV/30/03/2023

Sarasamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sarasamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rahul Vs State of Kerala

Bava U Vs the State of Kerala

Shantanu Yadav Rao Hire Vs State of Kerala Rep. by Public Prosecutor

Manual Vincent Kattassery Vs State Police Chief

Najeesh Koorarath Vs State of Kerala

Aneesh John Vs State of Kerala