Kerala High Court
P.C.Chacko vs Additional District And Sessions ... on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
CRL.A NO. 1269 OF 2023
AGAINST THE ORDER DATED 10.01.2023 IN Crl.M.C. 2361/2022
IN S.C.NO.171/2018 OF SESSIONS COURT, ERNAKULAM
CRIME NO.1740/2017 OF PALARIVATTOM POLICE STATION
APPELLANTS/ACCUSED/SURETIES:
1 P.C.CHACKO
AGED 72 YEARS, SON OF OUSEPH CHACKO,
PAUTHENKALAM,CHENNAMKARY P.O.,
KINAKARI@KAINAKARI SOUTH VILLAGE,
ALAPPUZHA DISTRICT, PIN - 688 501.
2 K.M.JOSEPH
AGED 83 YEARS, SON OF MATHEW,KOYILADU,
CHOONNAMKARY @ CHENNAMKARY P.O.,
KARINAKARY @ KAINAKARI SOUTH VILLAGE,
ALAPPUZHA DISTRICT, PIN - 688 501.
BY ADVS.
JERRYMON ABRAHAM
R.AVINASH
RESPONDENT/STATE:
STATE OF KERAL,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
BY ADV
SMT.SEENA C.- PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.A No.1269 of 2023
:2:
JUDGMENT
Dated this the 16th day of October, 2023
The appellants are the sureties of the accused
Chandran Kanwar alias Deepu in S.C.No.171 of 2018 (Crime
No.1740 of 2017 of Palarivattom Police Station). The accused
jumped bail. The appellants' sureties were issued with notice by
the Sessions Court, Ernakulam Division, as the appellants had
executed bonds for Rs.50,000/- for the due appearance of the
accused.
2. The appellants failed to appear before the Sessions
Court when notice was received. The accused is still at large.
Therefore, the Sessions Court, Ernakulam, directed the
appellants to pay the penalty of Rs.50,000/- each. Aggrieved by
the said order dated 10.01.2023 in Crl.M.C No.2361 of 2022 in
S.C. No.171 of 2018, the appellants have approached this
Court invoking Section 449(iii) of the Criminal Procedure Code.
3. The appellants submitted that they were under bona
fide belief that discharge applications submitted by the
Crl.A No.1269 of 2023
appellants were allowed in their favour. Later, on 25.07.2023,
the 1st appellant received information from the Revenue
Authority that Revenue Recovery proceedings are being
initiated against the appellants. Immediately, the appellants
approached the Sessions Court.
4. The appellants further submitted that they have
stood as sureties with bona fide intention. The present
whereabouts of the accused is not known. The accused is not a
native of Kerala. It is not known whether the accused is alive
at all. Taking into consideration the afore facts, the fine
imposed on the appellants by the Sessions Court, Ernakulam
is liable to be reduced substantially.
5. Public Prosecutor entered appearance on behalf of
the respondent and resisted the appeal. The Public Prosecutor,
on instructions, pointed out that no discharge petitions are
pending before the Sessions Court. The appellants, if executed
a bond before the court below, are responsible to ensure the
presence of the accused. The appellants failed in their duty. In
the circumstances, it is not a fit case to reduce or waive the
Crl.A No.1269 of 2023
penalty imposed on the appellants.
6. I have heard the learned counsel for the appellants
and the learned Public Prosecutor representing the respondent.
7. It is an admitted position that the appellants had
executed bonds for Rs.50,000/- each for the due appearance of
the accused in S.C. No.171/2018 of the Session Court,
Ernakulam. The accused absconded. Though notices were
issued to the appellants by the court below, the appellants did
not turn up. The offence alleged against the accused is under
Sections 323, 325 and 302 of the Indian Penal Code. The
accused is still at large.
8. In the circumstances, the appellants are bound to
honor their bond. I do not find any reason to waive or to reduce
the penalty amount.
Criminal Appeal fails and hence it is dismissed.
Sd/-
N. NAGARESH
AMR JUDGE
