Aboobacker.P.H vs State Of Kerala
2023 Latest Caselaw 3404 Ker

CRL.A NO. 409 OF 2023
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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                           CRL.A NO. 409 OF 2023
   AGAINST THE ORDER/JUDGMENTMC 1/2022 OF FAST TRACK SPECIAL COURT,
                                PERUMBAVOOR
APPELLANT/S:

           ABOOBACKER.P.H
           PULIKKAKKUDI, KANJIRAKKADU, RAYONPURAM.P.O. PERUMBAVOOR,
           ERNAKULAM, PIN - 683105
           BY ADV M.L.SURESH KUMAR


RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031
     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 24.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 409 OF 2023
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                    BECHU KURIAN THOMAS, J.
                   ====================
                       Crl.A.No.409 of 2023
                   =====================
                    Dated this the 24th day of March 2023

                               JUDGMENT

Petitioner challenges the order in M.C.No.1/2022 in

S.C.No.172/2018 on the files of the Assistant Sessions Judge,

Perumbavoor. Petitioner was one of the sureties in the sessions

case. Since the accused absconded, petitioner was bound to

produce the accused. However, the sureties failed and

therefore, the bond was forfeited and proceedings were

initiated under Section 446 of the Cr.P.C.

2. By the impugned order, penalty of Rs.25,000/- was

imposed, on each of the sureties.

3. Learned Counsel for the petitioner submitted that the

bond amount was Rs.25,000/- and the entire bond amount has

been imposed as the penalty without even considering the

circumstances arising in the case.

4. On a reading of the impugned order, it is noticed that

the learned Assistant Sessions Judge has imposed a penalty of

Rs.25,000/- without considering any of the parameters. It is a

settled law that merely because the sureties were unable to CRL.A NO. 409 OF 2023

produce the accused, the entire bond amount need not

necessarily be imposed as a penalty. In fact, it is submitted that

subsequently the accused appeared and was even acquitted.

5. Taking into consideration the circumstances, I am of

the view that, a penalty amount of Rs.15,000/- against the

petitioner would have been sufficient instead of Rs.25,000/-.

6. Accordingly, the order, dated 14.11.2022 in

M.C.No.1/2022 in S.C.No.172/2020 on the files of the Assistant

Sessions Court, Perumbavoor is modified as far as the quantum

of penalty is concerned and a penalty of Rs.15,000/- is imposed

against petitioner. It is clarified that the benefit of this order is

available only to the petitioner.

This Criminal appeal is allowed to the above extent.

Sd/ BECHU KURIAN THOMAS JUDGE jm/