Lalitha vs The State Of Kerala
2022 Latest Caselaw 7015 Ker

               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.
               ------------------------------
              Crl.Appeal No. 2156 of 2006
       ----------------------------------------------
        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

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

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