Leela vs State Of Kerala
2024 Latest Caselaw 30432 Ker

Kerala High Court

Leela vs State Of Kerala on 25 October, 2024

Crl.Appeal No.1953 of 2024
                                          1

                                                 2024:KER:79697
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

               THE HONOURABLE MRS. JUSTICE C.S. SUDHA

 FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                             CRL.A NO. 1953 OF 2024

        AGAINST      THE      ORDER/JUDGMENT            DATED    16.11.2023       IN    MC

NO.76 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT

- VII, THIRUVANANTHAPURAM / IV ADDITIONAL MACT ARISING OUT

OF   THE    ORDER/JUDGMENT           DATED        IN    SC    NO.323     OF   2012      OF

ADDITIONAL        DISTRICT       COURT        &        SESSIONS       COURT   -    VII,

THIRUVANANTHAPURAM / IV ADDITIONAL MACT

APPELLANT(S)/1ST RESPONDENT:

              LEELA
              AGED 58 YEARS
              W/O SATHYAN, KUTTIKADAVU VEEDU,
              KABARADY, KOITHOORKONAM P.O, MELTHONAKKAL,
              THIRUVANANTHAPURAM,
              DISTRICT, PIN - 695584


              BY ADV P.ARUN KUMAR (MONCOMPU)


RESPONDENT(S)/PETITIONER:

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, PIN - 682031
              SRI.VIPIN NARAYAN, SR.PUBLIC PROSECUTOR.
       THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
25.10.2024,       THE        COURT   ON   THE          SAME     DAY   DELIVERED        THE
FOLLOWING:
 Crl.Appeal No.1953 of 2024
                                          2

                                                                2024:KER:79697
                                 C.S.SUDHA, J.
                     ---------------------------------------------
                         Crl.Appeal No.1953 of 2024
                     ---------------------------------------------
                     Dated this 25th day of October 2024

                                JUDGMENT

This is an appeal under Section 495 of the B.N.S.S. filed

by the first counter petitioner in M.C.No.76/2023 in

S.C.No.323/2012 on the file of the Court of Session,

Thiruvananthapuram. The first counter petitioner is one of the

sureties of the accused in the said case. The accused failed to

appear before the court and hence show cause notice was issued

to the counter petitioner. Though the notice was served on her,

she did not turn up before the court and hence she has been

directed to remit an amount of ₹1,00,000/- as penalty. Aggrieved,

the first counter petitioner/surety has come up in appeal.

2. The learned counsel for the appellant submits

that in her present financial condition, it would be impossible for

the appellant to pay the penalty, which would result in the default

2024:KER:79697 sentence coming into play. It is also submitted that her son, who

is the accused in the aforesaid case, has thereafter appeared before

the Court and has been convicted also.

3. The request is opposed by the learned senior

public prosecutor.

4. Heard both sides.

5. Taking into account the facts and circumstances

of the case and in the interest of justice, the penalty amount is

reduced to ₹25,000/- which shall be paid within a period of two

months from the date of receipt of a copy of this order. The

impugned order shall stand modified to the said extent.

The appeal is disposed of in the above terms.

Interlocutory applications, if any pending, shall stand

closed.

Sd/-

C.S.SUDHA JUDGE

Jms