IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
CRL.A NO. 2156 OF 2006
AGAINST THE ORDER/JUDGMENT IN MC 46/2006 IN
S.C.NO.111/2004 OF THE ADDITIONAL SESSIONS JUDGE,
FAST TRACK COURT - I, THIRUVANANTHAPURAM
APPELLANTS/COUNTER PETITIONERS 2 & 3:
1 LALITHA
D/O. GOURY,CHARUVILA PUTHEN VEEDU,
KARIKKADA MUGAL, THIRUVANANTHAPURAM.
2 SASIKUMARI ,D/O. LALITHA
CHARUVILA PUTHEN VEEDU, KARIKKADA MUGAL,
THIVUVALLAM, THIRUVANANTHAPURAM.
BY ADV R.T.PRADEEP
RESPONDENT/PETITIONER:
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY ADV.
SRI.SANAL.P.RAJ, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 2156 OF 2006
2
P.V.KUNHIKRISHNAN, J.
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Crl.Appeal No. 2156 of 2006
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Dated this the 17th day of June, 2022
JUDGMENT
This is an appeal filed by the sureties of the accused in Sessions Case No.111/2004 on the file of the Additional Sessions Judge, Fast track Court-I, Thiruvananthapuram. The above case is charge sheeted against the appellants alleging offences punishable under Section 8(1) and (2) of the Abkari Act.
2. The appellants herein were the sureties to the accused. Since the accused in this case failed to appear before the court, proceedings were initiated against the appellants who are sureties to the accused. As per the impugned order the trial court imposed a penalty of Rs.15,000/- (Rupees Fifteen thousand only) each to the appellants. Hence this CRL.A NO. 2156 OF 2006 3 appeal is filed under Section 449 of the Cr.P.C.
3. Heard.
4. Now it is brought to the notice of this Court that, subsequently, the accused in this case surrendered and faced trial and he was convicted and thereafter this Court considered the appeal and allowed the appeal acquitting the accused as per judgment dated 20.11.2020 in Crl.Appeal No.732/2007. In such circumstances, the amount of penalty imposed by the lower court can be reduced to Rs.500/- (Rupees Five hundred only) each.
Therefore, this appeal is allowed in part in the following manner:
i. The order dated 18.09.2006 in M.C.No.46/2006 in S.C.No.111/2004 is modified and the penalty imposed on the appellants is reduced to Rs.500/-(Rupees Five hundred only) each. The appellants will pay the amount within three weeks. If the amount is not paid, it will be CRL.A NO. 2156 OF 2006 4 recovererd as per Section 421 Cr.P.C. Even then, if the amount is not recovered, the appellants will undergo imprisonment for seven days in civil jail.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM