Hamza K vs State Of Kerala
2021 Latest Caselaw 969 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                       Crl.Rev.Pet.No.759 OF 2020

 AGAINST THE JUDGMENT IN CRA 86/2020 DATED 28-10-2020 OF SESSIONS
                         COURT, KOZHIKODE

  AGAINST THE    JUDGMENT IN MC 186/2019 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -I,KOZHIKODE


REVISION PETITIONER/APPELLANT/COUNTER PETITIONERS:

      1      HAMZA K.
             AGED 42 YEARS
             S/O. KAMUNNI K., KODAKKATTU HOUSE, VATTAMKULAM
             VILLAGE, POST VATTAMKULAM, MALAPPURAM - 679 578.

      2      C. M. THAMBI
             AGED 70 YEARS
             S/O. C. M. CHNDAPPAN, NADUVALAPPIL HOUSE, ELATHUR P.
             O., KOZHIKODE - 673 303.

             BY ADV. SRI.K.PRAVEEN KUMAR

RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031.


OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.Rev.Pet.No.759 OF 2020    ..2..




                             ORDER

Dated this the 11th day of January 2021

The petitioners had stood as sureties for the

accused in C.C.No.808/2015 on the files of the Judicial

First Class Magistrate Court-I, Kozhikode. The

offences alleged against the accused are under

Sections 406 and 420 of IPC. After being enlarged on

bail, the accused failed to appear before court, which

resulted in the proceedings under Section 446 Cr.P.C.

being initiated against the petitioners. The

proceedings culminated in the trial court imposing a

penalty of Rs.10,000/- each on the petitioners.

Aggrieved, the petitioners preferred an appeal, but

the same was dismissed finding the imposition of

penalty to be proper.

2. Adv.K.Praveen Kumar, learned Counsel for the

petitioners submits that, other than seeking Crl.Rev.Pet.No.759 OF 2020 ..3..

indulgence of this Court, considering the prevailing

circumstances, no further argument is being put forth.

3. This Court cannot pretend to be oblivious of

the adversities faced by the people due to the

pandemic and the resultant lock down. Hence, while

upholding the imposition of penalty, the amount of

penalty is reduced to Rs.5,000/- (Rupees five thousand

only) each.

The Criminal Revision Petition is allowed in part

accordingly.

Sd/-

                                               V.G.ARUN
     SB/11/01/2021                               JUDGE


                        //true copy// P.A to Judge