Sureties challenged a Section 446 CrPC penalty order for the accused's non-appearance. The court held that subsequent quashing of the sessions case did not invalidate the forfeiture order, but reduced the penalty from Rs.25,000 to Rs.10,000 each.
Penalty reduced from Rs.25,000/- to Rs.10,000/- payable by each appellant.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
CRL.A NO. 464 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.615 OF 2022 OF
ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT,
KOZHIKODE
APPELLANTS/COUNTER PETITIONER NO.1 & 2:
1ASLAM
AGED 38 YEARS
S/O MOIDU KELOTH, KELOTH (H), MUTHUVANNACHA
P.O, PALERY KOYILANDY TALUK DISTRICT, PIN -
673508
2NAJEEB
AGED 49 YEARS
S/O ABDULLA, PANAKKATTE (H), MUTHUVANNACHA P.O,
PALERY KOYILANDY TALUK, DISTRICT, PIN - 673508
BY ADVS.
NAJAH EBRAHIM V.P.
THOMAS GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT
OF KERALA, PIN - 682031
ADV.SEENA C.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Crl. Appeal No.464 of 2024
P.G. AJITHKUMAR, J.
Crl. Appeal No.464 of 2024
Dated this the 08th day of April, 2024
JUDGMENT
Appellants are the counter petitioners in M.C. No. 26/2023 in Sessions Case No.615/2022 before the Principal Assistant Sessions Judge, Kozhikode. They were the sureties of the accused in that sessions case. For the failure of the accused to appear before the Trial Court and consequent forfeiture of the bond, the proceedings under Section 446(1) of the Code of Criminal Procedure, 1973, was initiated, and the impugned order was passed. The appellants were ordered to pay a penalty of Rs. 25,000/- each. The said order is under challenge in this appeal filed under Section 449 of the Code.
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Crl. Appeal No.464 of 2024
No.8984/2023 as per which the case against the accused, S.C No.615/2022, was quashed. The learned counsel by pointing out that fact urges that the impugned order is liable to be set aside.
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Crl. Appeal No.464 of 2024
6 . The amount of bond was Rs.50,000/-. The trial court imposed a penalty of Rs. 25,000/- and remitted the balance. Considering the fact that the proceedings in S.C No.615/2022 was subsequently quashed, a more lenient view is liable to be taken in the matter of imposition of the penalty.
Accordingly, the impugned order is modified. The appellants are ordered to pay Rs.10,000/- each instead of Rs.25,000/-. The appeal is allowed to the above extent.
Sd/-
P.G. AJITHKUMAR, JUDGE
SMF
1 issue framed by the court
Whether sureties' penalty under Section 446 CrPC could be set aside because the underlying sessions case was later quashed.
2 provisions across 1 enactments
Aslam
Najeeb
State of Kerala
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court