P. Gopalan vs State Of Kerala
2024 Latest Caselaw 27995 Ker

Kerala High Court

P. Gopalan vs State Of Kerala on 23 September, 2024

                                                          2024:KER:70575

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MRS. JUSTICE C.S. SUDHA

  MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946

                        CRL.A NO. 1376 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED 16.10.2023 IN MC NO.22

 OF 2022 IN SC NO.109 OF 2020 OF ADDITIONAL DISTRICT COURT &

SESSIONS COURT-III, KASARAGOD/III ADDITIONAL MACT, KASARAGODE

APPELLANTS/COUNTER PETITIONERS:

    1       P. GOPALAN
            AGED 63 YEARS
            S/O. RAMANKUTTY, MATTA HOUSE KANHIRADUKKAM P.O.
            PULLUR KASARAGOD DISTRICT, PIN - 671531

    2       BALAKRISHNAN M
            AGED 57 YEARS
            S/O. K.V. KANNAN KUMBALA HOUSE KANHIRADUKKAM P.O.
            KASARAGOD DISTRICT, PIN - 671531

            BY ADV SHIBA M SAMUEL
RESPONDENT/RESPONDENT/STATE:

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

            SMT.SHEEBA THOMAS, PP


     THIS    CRIMINAL    APPEAL    HAVING   COME   UP    FOR   HEARING    ON
23.09.2024,    THE   COURT    ON    THE     SAME   DAY    DELIVERED      THE
FOLLOWING:
                                                         2024:KER:70575
CRL.A NO. 1376 OF 2024

                                   2



                            C.S.SUDHA, J.
               ---------------------------------------------
                   Crl. Appeal No.1376 of 2024
               ---------------------------------------------
            Dated this the 23rd day of September 2024

                         JUDGMENT

This appeal under Section 495 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, is filed by the counter petitioners in MC

No.22/2022 in SC No.109/2020 on the file of the Court of the

Additional Sessions Judge-III, Kasaragod. The counter petitioners

were the sureties of the 10th accused in the aforesaid case. During

the trial of the case, the 10th accused absconded. Hence, the bail

bond executed by the counter petitioners/sureties was forfeited.

Though notice was issued to the counter petitioners and it was

served on them, they never turned up before the court and hence the

trial court imposed a penalty of ₹25,000/- each on the counter

petitioners. Hence the appeal.

2. It is submitted by the learned counsel for the counter 2024:KER:70575 CRL.A NO. 1376 OF 2024

petitioners/appellants that a lenient view may be taken taking into

account the age of the counter petitioners. The learned Public

Prosecutor objects to the request.

3. Heard both sides.

It is seen that the bond amount was for an amount of

₹25,000/- each and the penalty is the maximum that has been

imposed by the trial court. In the light of the facts and circumstances

of the case and also in the interest of justice, the impugned order is

modified and the counter petitioners/appellants are directed to pay a

penalty of ₹15,000/- each within a period of two months from the

date of receipt of a copy of this judgment. The appeal is disposed of

in the above terms.

Interlocutory applications, if any pending, shall stand closed.

Sd/-

C.S.SUDHA JUDGE NP