Kerala High Court
Abdul Hameed vs State Of Kerala on 25 October, 2024
Author: K.Babu
Bench: K. Babu
2024:KER:79759
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CRL.A NO. 2010 OF 2024
CRIME NO.176/2016 OF Mannarkkad Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.124 OF
2019 OF SPECIAL COURT-TRIAL OF OFFENCE UNDER
SC/ST(POA)ACT1989, MANNARKKAD
APPELLANTS/RESPONDENT NO.1 AND 2:
1 ABDUL HAMEED
AGED 56 YEARS
S/O MUHAMMED, THACHANKUNNATH HOUSE, MANNARKKAD
VNO.2 VILLAGE, PALAKKAD DISTRICT, PIN - 678582
2 FATHIMA BEEVI
AGED 60 YEARS
D/O MUHAMMED, THOTTIPARAMBIL HOUSE, MANNARKKAD
NO.2 VILLAGE, PALAKKAD DISTRICT., PIN - 678582
BY ADVS.
REGHU SREEDHARAN
JISSMON A KURIAKOSE
RESPONDENT/PETITIONER:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
G.Sudheer,pp
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:79759
Crl.A.No.2010 of 2024
:2:
K.BABU, J.
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Crl.A.No.2010 of 2024
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Dated this the 25th day of October, 2024
JUDGMENT
This appeal arises from the order dated
16.11.2023 passed by the Special Court for SC/ST (POA)
Act/Additional Sessions Court, Mannarkkad in
M.C.No.16/2023 in SC.No.124/2019.
2. The appellants herein were sureties of
the accused in SC.No.124/2019. The accused was
released on bail on executing bond for Rs.25,000/-
(Rupees Twenty Five Thousand Only). The appellants
along with the accused executed the bond undertaking
that the accused shall attend the Court and forfeit the
bond amount on the failure of the appearance of the
accused.
3. When the accused failed to comply with
the conditions stipulated in the bail bond, the bond stood
2024:KER:79759
forfeited. Subsequently, the Court below registered the
above referred M.C. against the appellants. Notice was
served on the appellants to show cause why penalty
should not be imposed. When the appellants failed to
show sufficient cause, the Court below passed the
impugned order directing the appellants to deposit
Rs.25,000/- (Twenty Five Thousand) as penalty.
4. Aggrieved by the said order, the
appellants are before this Court in appeal.
5. The learned counsel for the appellants
submitted that the Court below did not grant sufficient
time to produce the accused before the Court and no
sufficient opportunity was given to show why they should
not be directed to pay penalty.
6. Where a bond is for appearance of a
person before a Court, a default in his appearance, when
he is not exempted by the Court, will lead to automatic
forfeiture. There is no necessity of recording any
satisfaction, reason or proof at the stage of forfeiture of
2024:KER:79759
the bond, as the mere absence of the accused on the
date fixed would result automatically in the forfeiture of
the bond. The law on this point was settled by a Division
Bench of by this Court in Thundichi v. State of Kerala
[2009 (4) KLT 67]. Therefore, the order forfeiting the
bond does not require any interference.
7. The learned counsel for the appellants
submitted that the penalty imposed by the Court below is
exorbitant . It is also submitted that the appellants are
hailing from impecunious circumstances and have no
capacity to pay the amount.
8. Having considered the entire
circumstances, the appeal is partly allowed. The penalty
payable by the appellants is modified as Rs.3,000/-
(Rupees Three Thousand only) each and in default of the
payment, to undergo detention in Civil Prison for a period
of one month.
Sd/-
K.BABU, JUDGE.
Raj.
2024:KER:79759
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE ORDER DATED
16/11/2023 IN MC NO.16/2023 IN S.C
NO.124/2019 OF THE SPECIAL COURT FOR
SC/ST POA ACT/ ADDITIONAL SESSIONS
COURT, MANNARKKAD
Annexure 2 A TRUE COPY OF THE JUDGEMENT IN SC
NO.124/2016 OF S.C NO.124/2019 OF THE
SPECIAL COURT FOR SC/ST POA ACT/
ADDITIONAL SESSIONS COURT, MANNARKKAD
