Kerala High Court
Laila Beevi M vs The State Of Kerala on 8 November, 2024
2024:KER:83368
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.A NO. 1347 OF 2024
CRIME NO.3016/2017 OF KARUNAGAPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 02.08.2023 IN MC NO.3
OF 2023 IN SC NO.1237 OF 2021 OF FAST TRACK SPECIAL COURT
(POCSO), KARUNAGAPPALLY
APPELLANTS/COUNTER PETITIONERS 1 & 2:
1 LAILA BEEVI M
AGED 46 YEARS
D/O MUHAMMED KUNJU, PANACKAL VADDAKATHIL,
S R P MARKET P.O., THAZHAVA, KOLLAM, PIN - 690539
2 BASHEER
AGED 58 YEARS
S/O IBRAHIM KUTTY, NELLIKOMATHMADATHIL, KARAZHMA
MURI, VALLIKUNNAM, ALAPPUZHA, PIN - 690601
SAYUJYA
K.R.RAJEEV KRISHNAN
RESPONDENT/RESPONDENT/COMPLAINANT:
THE STATE OF KERALA
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SMT.SHEEBA THOMAS, PP
THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:83368
CRL.A NO.1347 OF 2024
2
C.S.SUDHA, J.
---------------------------------------------
Crl. Appeal No.1347 of 2024
---------------------------------------------
Dated this the 8th day of November 2024
JUDGMENT
This appeal under Section 495 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed by the counter petitioners in
in MC No.3/2023 in SC No.1237/2021 on the file of the Court of
Sessions, Kollam. The counter petitioners were the sureties of the
accused in the aforesaid case. During the trial of the case, the
accused absconded and hence the bail bond executed by the
accused and the counter petitioners/sureties was forfeited. Though
notice was issued to the counter petitioners, they did not show-
cause for the non production of the accused and so the trial court
imposed a penalty of ₹50,000/- each on the counter petitioners.
Hence, the appeal.
2. The learned counsel for the appellants quite persuasively
2024:KER:83368
CRL.A NO. 1347 OF 2024
argues that without giving a notice for showing cause the trial court
has straightaway imposed penalty and therefore the findings are
liable to be interfered with. Alternatively, it is also submitted that in
the event of this court confirming the impugned judgment, a lenient
view may be taken as the accused has been acquitted in the case.
3. The request is opposed by the learned Public Prosecutor.
4. Heard both sides.
5. The fact that the accused has been acquitted thereafter is
no ground because the sureties were liable to produce the accused
as and when directed by the court. Therefore, the moment the
accused did not turn up before the court, the bond stood forfeited.
The impugned judgment shows that notice had been given but since
sureties did not show-cause or produce the accused, the court
proceeded to impose the penalty. However, taking into account the
facts and circumstances of the case and also the submission of the
learned counsel that it was under the persuasion of the appellants
herein that the accused appeared before the trial court, the
2024:KER:83368
CRL.A NO.1347 OF 2024
impugned order is modified and the penalty amount is reduced to
₹10,000/- each which shall be paid within a period of one month
from the date of receipt of a copy of this judgment.
The appeal is disposed of in the above terms.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
2024:KER:83368
CRL.A NO. 1347 OF 2024
PETITIONERS' ANNEXURES
Annexure.A1 THE CERTIFIED COPY OF THE ORDER
DT.02.08.2023 IN M.C NO.3 OF 2023 IN S.C
NO.1237 OF 2021 ON THE FILES OF HON'BLE
FAST TRACK SPECIAL JUDGE, KARUNAGAPPALLY
Annexure.A2 A TRUE PHOTOCOPY OF THE JUDGMENT
DT.23.02.2024 IN S.C NO.1648 OF 2018 ON
THE FILES OF HON'BLE FAST TRACK SPECIAL
JUDGE, KARUNAGAPPALLY
Annexure A3 A TRUE PHOTOCOPY OF THE POSSESSION
NOTICE DT.26.08.2024 ISSUED BY THE
TAHSILDAR
RESPONDENT'S ANNEXURES: NIL
