High Court revived the entire bail bond amount forfeited by the Sessions Court and awarded ₹10,000/- to the appellants in a criminal appeal where original proceedings were subsequently quashed.
Appellants shall be awarded ₹10,000/-.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
CRL.A NO. 896 OF 2022
CRIME NO.791/2012 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT IN MC 17/2020 OF
SPECIAL COURT FOR THE TRIAL OF OFFENCES AGAINST CHILDREN
(ADDITIONAL SESSIONS COURT-1), MANJERI
APPELLANTS:
1 VELAYUDHAN AGED 68 YEARS
SON OF. KUNJUNNI, NEDIYEDATH (H),
KOKKUR P.O, ALAMKODE, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN- 679591
2MOHANAN.N.K
AGED 56 YEARS
SON OF. KUNJUNNI, NEDIYEDATH (H), KOKKUR P.O,
ALAMKODE, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN- 679591
BY ADVS.
V.S.MANSOOR
AKHIL BINOY
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682031
BY ADV SRI.M.P. PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Crl.Appeal No.896 of 2022
JUDGMENT
Dated this the 14th day of September, 2023
The appellants are aggrieved by the order dated 31.12.2020
passed by the Special Court for the Trial of Offences Against Children (Additional Sessions Court-I), Manjeri by which the Court
has forfeited the entire bail bond amount of ₹20,000/- and has issued distress warrant against the appellants.
criminal proceedings have already been quashed by this Court in Crl.M.C No.7107 of 2022.
connived with the accused or facilitated jumping of bail / absconding. In the facts and circumstances of the case, I am of the view that the forfeited amount can be reduced to ₹10,000/-.
The Criminal Appeal is ordered accordingly.
Sd/-
N.NAGARESH
JUDGE
spk
2 issues framed by the court
Whether the forfeited bail bond amount can be reduced in light of the criminal proceedings being quashed.
Whether there is any allegation of connivance or facilitation of jumping bail by the appellants.
Velayudhan
Mohanun.N.K
State of Kerala
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court