Muthu vs State Of Kerala
2024 Latest Caselaw 10102 Ker

Kerala High Court

Muthu vs State Of Kerala on 5 April, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                    CRL.A NO. 532 OF 2024
         CRIME NO.2472/2020 OF Adoor Police Station,
                        Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.558 OF 2022 OF
ADDITIONAL SESSIONS COURT (ADHOC)-II, PATHANAMTHITTA
APPELLANT/S:

    1      MUTHU
           AGED 40 YEARS
           W/O SHAJI, VADAKKETHALACKAL HOUSE,
           ATHIKKATTUKULANGARA MURI, ATHIKKATTUKULANGARA
           P.O., PALAMEL VILLAGE,MAVELIKARA TALUK,
           ALAPPUZHA DISTRICT, PIN - 690504
    2      SHAMNA N.S
           AGED 38 YEARS
           W/O SALAM SALIM, PALAVILA VEEDU, MALOOR COLLEGE
           P.O, PATHANAPURAM, KOLLAM DISTRICT, PIN -
           689695
           BY ADVS.
           S.K.SAJI
           SAGITH KUMAR V.
           DEVAPRIYA S.
           C.B.SREEKUMAR
           N.REJO
RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA, PIN - 682031
OTHER PRESENT:

           PUSHPALATHA MK....SR GP


        THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.Appeal No.532 of 2024
                                            2




                           P.G. AJITHKUMAR, J.
                       ...........................................
                       Crl.Appeal No.532 of 2024
                 ..........................................................
                 Dated this the 5th day of April, 2024


                                   JUDGMENT

This is a petition filed by the appellants under Section 449 of

the Code of Criminal Procedure, 1973 (Code).

2. Heard the learned counsel for the appellants and the

learned Public Prosecutor.

3. The appellants are the sureties of the 3 rd accused in SC

No.558 of 2023, pending before the Court of Additional Sessions

Judge- II, Pathanamthitta. The appellants failed to produce the 3 rd

accused as obliged by the bail bond they had executed. Hence, the

trial court initiated the proceedings and imposed the penalty. It is

seen that notice was given to the appellants, but they did not file

any explanation. In the circumstances, the impugned order

directing imposition of penalty cannot be said to be wrong or

illegal.

4. The learned counsel for the appellants submit that

considering the financial and social conditions of the appellants, a

lenient view ought to have been taken by the trial court. The 3 rd

accused is the husband of the 2nd appellant. It is submitted that

the 3rd accused is now abroad and would appear before the court

soon. It appears that the non appearance of the 3rd accused is not

a purposeful abscondance from the process of court.

5. Taking all such aspects into account, the amount of

penalty is reduced to Rs.15,000/-.

The appeal is therefore, allowed in part and the appellants

are ordered to pay an amount of Rs.15,000/- each.

Sd/-

P.G. AJITHKUMAR, JUDGE Dxy

PETITIONER ANNEXURES Annexure 1 ORDER DATED 27.12.2023 IN MC.53/2023 IN S.C 558/2022 OF THE ADDL. SESSIONS JUDGE-II, PATHANAMTHITTA