Ajitha vs State Of Kerala
2024 Latest Caselaw 26634 Ker

Kerala High Court

Ajitha vs State Of Kerala on 5 September, 2024

                                                           2024:KER:67438


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MRS. JUSTICE C.S. SUDHA

 THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                         CRL.A NO. 1177 OF 2024

     CRIME NO.97 OF 2021 OF KADAKKAVOOR POLICE STATION ,

         AGAINST THE ORDER DATED 30.10.2023 IN MC NO.72 OF 2024

OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES &

SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM

APPELLANT(S)/COUNTER PETIONER/SURETIES:

     1       AJITHA
             AGED 28 YEARS
             D/O ASHOKAN, KOTTUVILA HOUSE, KODITHOOKKAKUNNU,
             KAVALAYOOR P.O, THIRUVANANTHAPURAM, PIN - 695144
     2       SUJATHA A
             AGED 51 YEARS
             W/O ASHOKAN, KOTTUVILA HOUSE, KODITHOOKKAKUNNU,
             KAVALAYOOR P.O, THIRUVANANTHAPURAM, PIN - 695144

             BY ADVS.
             V.A.VINOD
             SUHAIL M.


RESPONDENT(S)/PETITIONER/STATE:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682031


      THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05.09.2024, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2024:KER:67438
                                  2
Crl.A.No.1177/2024

                            C.S.SUDHA, J.
           -------------------------------------------------------
                         Crl.A.No.1177/2024
          --------------------------------------------------------
            Dated this the 5th day of September 2024

                          JUDGMENT

This is an appeal under Section 495 BNSS filed by the

counter petitioners in M.C.No.72/2023 in S.C.No.216/2023 on

the file of the Court for Trial of cases relating to atrocities and

sexual violence against women and children, Thiruvananthapurm.

The counter petitioners were sureties of the accused in the

aforesaid case. The accused absconded during the course of trial

and hence notice was issued to the counter petitioners who

remain absent in spite of service of notice. The accused also

absconded and went to gulf. As it was found that he had violated

the bail conditions M.C was registered by the trial court. The

counter petitioners also failed to produce the accused and no

sufficient reasons also shown for the same. Therefore the trial 2024:KER:67438

court issued notice to the counter petitioners pursuant to which

also they failed to show cause why the bond amount should not

be forfeited. However, the trial court proceeded to pass the

impugned order by which the counter petitioners have been

directed to pay penalty of ₹50,000/- each under Section 446

Cr.P.C.

2. The learned counsel for the counter petitioners/

appellants submit that after the bond was forfeited, the accused

appeared before the trial court and is now facing trial. He also

submitted that in a connected case also, bail bond has been

cancelled and the sureties have been directed to pay the bond

amount of ₹50,000/- each and therefore maximum leniency may

be shown and the penalty amount reduced.

3. The submissions are not seriously objected to by the

learned Public Prosecutor.

4. Heard both sides.

2024:KER:67438

5. In the facts and circumstances of the case, the

impugned order is modified. The counter petitioners are directed

to pay penalty of ₹20,000/- each, which shall be paid within a

period of one month from the date of receipt of a copy of this

order. To the said extent the impugned order stands modified.

The appeal is disposed of accordingly.

Sd/-

C.S.SUDHA JUDGE Raj