Poonukuttan vs State Of Kerala
2024 Latest Caselaw 4576 Ker

Kerala High Court

Poonukuttan vs State Of Kerala on 6 February, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                   CRL.REV.PET NO. 156 OF 2024
AGAINST THE JUDGMENT IN CRL.A 133/2023 OF SESSIONS COURT, PALAKKAD
SC.NO.328 OF 2018 OF ASSISTANT SESSIONS COURT(PRINCIPAL), PALAKKAD
REVISION PETITIONER/APPELLANT/2ND COUNTER PETITIONER:

          POONUKUTTAN
          AGED 52 YEARS
          S/O. MURUKAN, POOVAKKODE HOUSE,
          KANNADI-I VILLAGE, PALAKKAD,
          PIN - 678701

          BY ADV NIREESH MATHEW



RESPONDENT/RESPONDENT/COMPLAINANT-STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM,
          KOCHI., PIN - 682031



          BY ADV SRI SANGEETHARAJ N R, PUBLIC PROSECUTOR




     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  CRL.REV.PET NO. 156 OF 2024
                               2



                          ORDER

An order imposing penalty after forfeiture

of bond amount against the surety without

addressing the benefit conferred under Section

446(3) Cr.P.C. is bad in law. The statutory

benefit conferred under sub-section (3) of

Section 446 Cr.P.C. for getting remission of

amount should be addressed by giving sufficient

opportunity and it should reflect in the order

itself. Going by the order, it is clear that

the benefit that can be granted under Section

446(3) Cr.P.C. was not addressed and it is not

clear whether any sufficient opportunity was

granted. Hence, the impugned order will stand

set aside and remanded back to the trial court

for proper disposal, for which, the parties

shall appear before the trial court on CRL.REV.PET NO. 156 OF 2024

28/02/2024.

The Criminal Revision Petition will stand

allowed in part accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV CRL.REV.PET NO. 156 OF 2024

APPENDIX OF CRL.REV.PET 156/2024

PETITIONER'S ANNEXURES

Annexure 1 TRUE COPY OF THE DISCHARGE SUMMARY OF THE REVISION PETITIONER ISSUED FROM THANKAM HOSPITAL, WEST YAKKARA, PALAKKAD DATED 24.12.2021

RESPONDENT'S ANNEXURES: NIL

//TRUE COPY//

PA TO JUDGE