Allowed

Sivaraman @ Unnikrishnan v. State of Kerala

Kerala HC15 Jul 2024CRL.A/152/2017

Case brief

AI extract

What is this about?

Sureties appealed against a Sessions Court order imposing a Rs.20,000 penalty each under Section 446 CrPC for bail bond default. The accused later surrendered and was acquitted, and the sureties had already deposited Rs.5,000 each per interim direction; the High Court reduced the penalty to Rs.5,000 each.

What did the court decide?

Penalty under Section 446 CrPC reduced from Rs.20,000/- to Rs.5,000/- per appellant, with deposits already made appropriated.

Sivaraman @ Unnikrishnan Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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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 P.G. AJITHKUMAR

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MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
CRL.A NO. 152 OF 2017

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CRIME NO.171/2012 OF KUNNAMKULAM POLICE STATION, THRISSUR

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AGAINST THE ORDER IN CRL.M.C. NO.1991/2016 IN SC NO.97 OF 2016 OF
III ADDITIONAL DISTRICT COURT, THRISSUR
APPELLANTS/COUNTER PETITIONERS:

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1SIVARAMAN @ UNNIKRISHNAN
AGED 60 YEARS, S/O.KALUNI AMMA,
MUTHIRAPARAMBATH HOUSE,VELLITHURUTHI DESOM,
CHOWANNUR VILLAGE,THALAPPILLY TALUK,
THRISSUR DT.

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2ARAVINDAN, S/O.KALUNI AMMA
MUTHIRAPARAMBATH HOUSE,
VELLITHURUTHI DESOM,
CHOWANNUR VILLAGE,THALAPPILLY TALUK,
THRISSUR DT.
BY ADV SRI.A.HAROON RASHEED

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RESPONDENT/COMPLAINANT & STATE:

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STATE OF KERALA
REPRESENTED BY THE CIRCLE INSPECTOR OF
POLICE,KUNNAMKULAM POLICE STATION,
THRISSUR DISTRICT THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

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ADV.PUSHPALATHA M.K.-SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15.07.2024,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.A NO. 152 OF 2017

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P.G. AJITHKUMAR, J.

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Crl. Appeal No.152 of 2017

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Dated this the 15^th day of July, 2024

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JUDGMENT

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Order of the 3^rd Additional Sessions Judge, Thrissur in Crl. M.C. No.1991 of 2016 in S.C. No.97 of 2016, imposing on the appellants a penalty of Rs.20,000/- each under the provisions of Section 446 of the Code is under challenge.

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Heard the learned counsel for the appellants and the learned Public Prosecutor.

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From the impugned order and materials on record, it is seen that the appellants did not offer any explanation despite receipt of notice asking them to show cause why penalty in terms of the bail bond they had executed should not be realised. The bond was executed for an amount of Rs.20,000/-. The trial court, in the absence of offering any explanation, ordered the appellants to pay the same amount as penalty.

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CRL.A NO. 152 OF 2017

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The learned counsel for the appellants would submit that the accused, for whom the appellants stood as sureties subsequently surrendered before the court. After the trial, he was acquitted also. This Court, on 17.02.2017, ordered the appellants to deposit a sum of Rs.5,000/- each before the trial court. In terms of that order, they have deposited Rs.5,000/each, and the matter was reported on 20.03.2017.

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After the impugned order, the accused surrendered before the court, and the trial was taken place. When this Court ordered the appellants to deposit Rs.5,000/- each, they promptly obeyed that order. Taking those mitigating circumstances, I am of the view that a lenient view can be taken in the matter of imposition of the penalty. Hence, in modification of the impugned order, appellants are directed to pay Rs.5,000/- each as penalty. The amount they have already deposited will be appropriated against the penalty amount.

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The appeal is allowed to the above extent.

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Sd/P.G. AJITHKUMAR JUDGE

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SMF

Sivaraman @ Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sivaraman @ Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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