Rahim .P.M vs State Of Kerala
2024 Latest Caselaw 30697 Ker

Kerala High Court

Rahim .P.M vs State Of Kerala on 30 October, 2024

Crl.Appeal No. 2029 of 2024

                                            1

                                                  2024:KER:80907
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

               THE HONOURABLE MRS. JUSTICE C.S. SUDHA

   WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA,

                                        1946

                              CRL.A NO. 2029 OF 2024

          AGAINST    SC       NO.372   OF   2018   OF   ADDITIONAL   DISTRICT

COURT & SESSIONS COURT - II, NORTH PARAVUR / I ADDITIONAL

MACT, NORTH PARAVUR.

           IN MC NO.23 OF 2024 OF ADDITIONAL DISTRICT COURT &

SESSIONS COURT - II, NORTH PARAVUR / I ADDITIONAL MACT,

NORTH PARAVUR.

APPELLANT(S)/2ND COUNTER PETITIONER:

              RAHIM.P.M,
              AGED 76 YEARS,
              S/O MOHAMMAD,
              PALATHINGAL PUTHENPURA HOUSE,
              KANJIRAKKATTUKARAL,
              ARAKKALPADY,
              KUNNATHNADU,
              PIN - 683554


              BY ADV K.K.RAZIA
RESPONDENT(S)/STATE/1ST COUNTER PETITIONER:

      1       STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA,
              PIN - 682031
 Crl.Appeal No. 2029 of 2024

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                                                          2024:KER:80907
      2       BHASI
              S/O NARAYANAN,
              PARAPPURATUKUDI HOUSE,
              SREEMOOLANAGARAM,
              THEKKUMBHAGAM,
              ALUVA, PIN - 683580

              SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR.


       THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON
30.10.2024,        THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 Crl.Appeal No. 2029 of 2024

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                                                          2024:KER:80907




                             C.S.SUDHA, J.
                 ---------------------------------------------
                     Crl.Appeal No. 2029 of 2024
                 ---------------------------------------------
                Dated this the 30th day of October 2024

                              JUDGMENT

This is an appeal under Section 449 of the Cr.P.C. filed

by the second counter petitioner in M.C.No.23/2024 in

S.C.No.372/2018 on the file of the Court of Session, Ernakulam.

The second counter petitioner was one of the sureties of the

accused in the said case. During the trial, the accused absconded

and hence show cause notice was issued to the sureties. Pursuant

to the notice being issued, the sureties appeared before the court

and expressed their inability to produce the accused. As they were

unable to produce the accused, the trial court proceeded to impose

penalty of ₹1,00,000/- each on the sureties. Aggrieved, the second

counter petitioner/surety has come up in appeal.

2024:KER:80907

2. It is submitted by the learned counsel for the

appellant/second counter petitioner/surety that inspite of earnest

efforts being made, the appellant was unable to produce the

accused before the court and hence a lenient view may be taken.

3. The request is opposed by the learned public

prosecutor.

4. Heard both sides.

5. It is seen that the second counter

petitioner/surety had appeared before the court and had sought

time for production of the accused. It is also seen from the

impugned order that they had expressed their inability to produce

the accused before court. Taking into account the facts and

circumstances of the case and in the interest of justice, the penalty

amount as far as the second counter petitioner/surety/appellant is

concerned is reduced to ₹25,000/- (Rupees twenty five thousand)

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

2024:KER:80907 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