Kerala High Court
Salam Sha Begam vs State Of Kerala on 22 October, 2024
Author: P. V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:78588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.A NO. 792 OF 2018
CRIME NO.269/2016 OF Ambalappuzha Police Station, Alappuzha
AGAINST THE ORDER DATED 02.04.2018 IN SC NO.548 OF 2016 OF
SPECIAL COURT FOR TRIAL OF OFFENCES UNDER POCSO ACT & CHILDRENS'
COURT, ALAPPUZHA
APPELLANTS/COUNTER PETITIONERS 2 & 3:
1 SALAM SHA BEGAM, AGED 33 YEARS, W/O MAHIN KANNU,
MAILANCHIKALLU, MATHIPPURAM, VIZHINJAM PANCHAYATH,
MUTTATHARA VILLAGE, THIRUVANANTHAPURAM-695008.
2 YOUSAF MUHAMMED, AGED 59 YEARS, S/O ABDUL KHADER, EMS
COLONY, 29B(43)3, POOVAR VILLAGE, VIZHINJAM,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM -695525.
BY ADVS.
SRI.GEORGE MATHEW
SMT.BHANU THILAK
SRI.DIPU JAMES
SRI.M.D.SASIKUMARAN
SRI.SUNIL KUMAR A.G
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE,
AMBALAPUZHA POLICE STATION, ALAPPUZHA DISTRICT-688561,
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
SRI SANGEETHARAJ N R, PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 22.10.2024
ALONG WITH CRL.A.953/2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.Appeal Nos.792/2018 and 953/2018
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2024:KER:78588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.A NO. 953 OF 2018
CRIME NO.269/2016 OF Ambalappuzha Police Station, Alappuzha
AGAINST THE ORDER DATED 02.04.2018 IN SC NO.548 OF 2016 OF
SPECIAL COURT FOR TRIAL OF OFFENCES UNDER POCSO ACT & CHILDRENS'
COURT, ALAPPUZHA
APPELLANT/ACCUSED/3RD COUNTER PETITIONER:
MUJEEB RAHMAN, AGED 30, S/O HASSAN KUNJU,
MAILANJIKALLU VEEDU,MATHIPURAM, VIZHINJAM, PANCHAYATH,
HARBOUR, THIRUVANANTHAPURAM-695008.
BY ADVS.
SRI.GEORGE MATHEW
SRI.BIJILY JOSEPH
SMT.BHANU THILAK
SRI.DIPU JAMES
SRI.M.D.SASIKUMARAN
SRI.SUNIL KUMAR A.G
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE,
AMBALAPUZHA POLICE STATION, ALAPPUZHA DISTRICT-688561,
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM-682031.
SRI T R RENJITH, SR PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
22.10.2024 ALONG WITH CRL.A.953/2018,, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl.Appeal Nos.792/2018 and 953/2018
3
2024:KER:78588
P. V. KUNHIKRISHNAN, J.
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Crl.Appeal Nos.792 and 953 of 2018
-------------------------------------------
Dated this the 22nd day of October, 2024
COMMON JUDGMENT
These two criminal appeals are connected and therefore, I
am disposing of these appeals by a common order. The impugned
orders in these cases are the order passed by the Special Court for
Trial of Offences under the POCSO Act and Childrens' Court
(Additional Sessions Court-I), Alappuzha. As per the impugned
order, bail bond executed by the appellants in these cases were
forfeited and they were directed to pay penalty of Rs.1 lakh each
under Section 446(1) Cr.P.C. Aggrieved by the same, these appeals
are filed.
2. Heard counsel for the appellants and the Public
Prosecutor.
3. Admittedly, the accused in S.C.No.548/2016
surrendered before the court below and they were acquitted by the
Crl.Appeal Nos.792/2018 and 953/2018
2024:KER:78588
trial court. It is also an admitted case that the accused did not
appear before the trial court on the date when the case was called
and hence the bail bond was forfeited by the trial court. When
Crl.Appeal.No.953/2018 came up for consideration on 09.08.2018,
this Court passed the following order:
The execution of order in M.C.No.32/2017 in
S.C.No.548/2016 will stand suspended on condition
that the petitioner herein deposits a sum of Rs.15,000/-
(Rupees fifteen thousand only) within one month from
today.
4. When Crl.Appeal.No.792/2018 came up for
consideration on 25.06.2018, this Court passed the following order:
Heard. Learned Public Prosecutor takes
notice. Post after two weeks.
There will be an interim stay of execution on
condition that each of the petitioner shall deposit
Rs.10,000/- (Rupees ten thousand only) each within
one month from today.
Crl.Appeal Nos.792/2018 and 953/2018
2024:KER:78588
5. It is reported that the appellants deposited the
amount as ordered by this Court. Considering the facts and
circumstances of the case and also considering the fact that the
accused already surrendered before the Court and faced the trial, I
think the penalty can be reduced to the amount deposited by the
appellants as per the interim order passed by this Court.
Therefore, these appeals are allowed in part in the following
manner:
I Crl.Appeal.No.953/2018 is allowed in part.
The penalty amount ordered by the Special Court for
Trial of Offences under POCSO Act & Childrens' Court
(Additional Sessions Court-I), Alappuzha in
M.C.No.32/2017 in S.C.No.548/2016 is reduced to
Rs.15,000/- instead of Rs.1 lakh ordered as per the
impugned order. If the above amount is already
deposited, the trial court will record the same and
close the proceedings.
II Crl.Appeal No.792/2018 is allowed in part:
The penalty amount ordered by the Special
Court for Trial of Offences under POCSO Act &
Childrens' Court (Additional Sessions Court-I),
Alappuzha in M.C.No.32/2017 in S.C.No.548/2016 is
Crl.Appeal Nos.792/2018 and 953/2018
2024:KER:78588
reduced to Rs.10,000/- instead of Rs.1 lakh as per the
impugned order. If the above amount is already
deposited, the trial court will record the same and
close the proceedings.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/22.10.2024
