Kerala High Court
Laly Shaji vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67917
WP(CRL.) NO. 810 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(CRL.) NO. 810 OF 2024
PETITIONER:
LALY SHAJI, AGED 60 YEARS
W/O SHAJI, NUMBELIL HOUSE, AYAVANA,
SNDP JUNCTION ENANALLOOR VILLAGE
MUVATTUPUZHA TALUK, PIN - 686 668.
BY ADVS.
V.N.MOHANADASAN
P.JAYAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 DISTRICT COLLECTOR
ERNAKULAM, KAKKANAD - 682 030.
3 VILLAGE OFFICER
ENANALLOOR VILLAGE, PIN - 686 673
SMT. SREEJA V (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:67917
WP(CRL.) NO. 810 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl.) No.810 of 2024
...................................................
Dated this the 6th day of September, 2024
JUDGMENT
Petitioner's husband was one of the sureties to an accused in
S.C.No.886/2018 on the files of the Additional Sessions Court,
Muvattupuzha. The sureties had bound themselves to produce the
accused in the event of his failure to appear. However, after the
accused failed to appear, the sureties could not produce him and hence
the learned Sessions Judge forfeited the bail bond executed on
18.01.2022 and initiated proceedings against the sureties. Since the
sureties could not produce the accused, by order dated 23.01.2023,
they were directed to pay a sum of Rs.1,00,000/- each, as penalty for
breach of the bail bond.
2. In the meantime, petitioner's husband, who was one of the sureties
died on 13.02.2023. When distress warrant was issued against the
petitioner's husband, she approached the Sessions Court in
Crl.M.P.No.199/2024 in M.C.No.9/2022 in S.C.No.286/2018, seeking to
2024:KER:67917
WP(CRL.) NO. 810 OF 2024
recall the distress warrant. By the order dated 22.06.2024, the said
application was dismissed. Thus, this writ petition under Article 226
of the Constitution of India is preferred challenging the aforesaid
order.
3. I have heard Sri.V.N.Mohandasan Veliyath Narayanan, the learned
counsel for the petitioner as well as Smt.Sreeja V., the learned Public
Prosecutor.
4. Section 446(4) Cr.P.C., provides that where a surety to a bond dies
before the bond is forfeited, his estate shall be discharged from all
liability in respect of the bond.
5. In the instant case, the bond executed on 18.01.2022 was forfeited and
penalty was imposed on 23.01.2023. On both those occasions
petitioner's husband was alive as he died only on 13.02.2023.
Therefore, petitioner's husband's estate is liable for the penalty
ordered. The order dated 23.01.2023 in M.C.No.9/2022 is not known
to have been subjected to any challenge, and therefore, the said order
has become final as well.
6. Section 446(4) Cr.P.C. provides that a person can seek discharge from
the liability of the bond or at least remit only a portion of the
2024:KER:67917
WP(CRL.) NO. 810 OF 2024
penalty. In either way Section 449 Cr.P.C. provides an appeal against
all orders passed under Section 446 Cr.P.C. When remedy of an
appeal is provided under Cr.P.C. against the final orders, recourse to
Article 226 and 227 of the Constitution of India is not permissible.
Therefore, petitioner's remedy, if any, is to prefer an appeal against
the impugned order.
7. Reserving the liberty of preferring an appeal in accordance with law,
this writ petition is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/07/09/2024
2024:KER:67917
WP(CRL.) NO. 810 OF 2024
APPENDIX OF WP(CRL.) 810/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER IN CRL.MC NO. 09/2022
DATED 23-01-2023.
EXHIBIT P2 TRUE COPY OF DEATH CERTIFICATE DATED
20-06-2024
EXHIBIT P3 TRUE COPY DISTRESS WARRANT ISSUED TO THE
DISTRICT COLLECTOR ERNAKULAM DATED
24-01-2023
EXHIBIT P4 TRUE COPY OF CRL.M.P 199/2024, ADDL.DISTRICT
AND SESSIONS COURT DATED 22-06-24
