Telma vs State Of Kerala
2023 Latest Caselaw 7882 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                   CRL.REV.PET NO. 712 OF 2023
 AGAINST THE ORDER/JUDGMENT CRMC 27/2015 IN S.C.NO.562 OF 2011 OF
            ASSISTANT SESSIONS COURT, KARUNAGAPPALLY
      CRA 139/2016 OF III ADDITIONAL DISTRICT COURT, KOLLAM


REVISION PETITIONER/ APPELLANT/ COUNTER PETITIONER NO.2 :

          TELMA,
          AGED 49 YEARS, W/O.FRANCIS,
          KOCHUPARAMBIL, AMMACHANKAAVIL,
          KAREETHARA WARD, CHAVARA VILLAGE,
          KARUNAGAPPALLY, KOLLAM DISTRICT,
          PIN - 690 518.

          BY ADV C.S.MANU



RESPONDENT/ RESPONDENT/ COMPLAINANT :

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



          BY SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR




     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
 CRL.REV.PET NO. 712 OF 2023
                                    2


                   BECHU KURIAN THOMAS, J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      Crl.R.P.No.712 of 2023
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 26th day of July, 2023


                               ORDER

Revision petitioner stood as a surety for accused No.2 in

S.C.No.562 of 2011 before the Assistant Sessions Court,

Karunagappally. Bail was granted to the said accused on execution

of a bond for Rs.25,000/- by each of the sureties. Since the

accused failed to appear, notice was issued and the bail bond was

cancelled and the bond was forfeited and penalty was imposed upon

the petitioner and other surety. By order dated 24.03.2015, in

C.M.P.No.27 of 2015, an amount of Rs.25,000/- was imposed as

penalty upon the petitioner under Section 446 of the Code of

Criminal Procedure, 1973 (for short, 'the Cr.P.C.').

2. An appeal was preferred as Crl.A.No.139 of 2016 before

the Additional Sessions Court-III, Kollam. By judgment dated

29.07.2017, the appeal was dismissed and hence this revision

petition.

3. Having heard the learned counsel for the petitioner as well

as the learned Public Prosecutor, I am of the view that the penalty CRL.REV.PET NO. 712 OF 2023

was liable to be imposed. However the entire bond amount need

not have been imposed as the penalty. Considering the

circumstances arising in the case as well as the arguments of the

learned counsel for the revision petitioner, I am satisfied that an

amount of Rs.12,500/- would have been sufficient penalty.

Accordingly, while confirming the order of penalty, this

revision petition is allowed in part by reducing the quantum of

penalty to Rs.12,500/- instead of Rs.25,000/- ordered by the

Assistant Sessions Court.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM