Chaminiyan vs State Of Kerala
2024 Latest Caselaw 28013 Ker

Kerala High Court

Chaminiyan vs State Of Kerala on 23 September, 2024

                                                          2024:KER:70573

             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. 1375 OF 2024

        CRIME NO.98/2019 OF BEKAL POLICE STATION, KASARGOD

        AGAINST THE ORDER/JUDGMENT DATED 07.11.2023 IN MC NO.38

 OF 2022 IN SC NO.430 OF 2022 OF ADDITIONAL DISTRICT COURT &

    SESSIONS COURT - III, KASARAGOD/III ADDITIONAL MACT,

                              KASARAGODE

APPELLANTS/COUNTER PETITIONERS:

    1       CHAMINIYAN
            AGED 78 YEARS
            S/O. RAMAN AISWARYA KAYAMKULAM,
            PERIYA KASARAGOD, PIN - 671316

    2       PRAMOD KUMAR
            AGED 55 YEARS
            S/O. NARAYANAN, LAKSHMI NILAYAM, PERIYA THAYATH
            PERIYA KANHIRADUKKAM P.O. KASARAGOD, PIN - 671316

            BY ADV SHIBA M SAMUEL
RESPONDENT:

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

            SRI.VIPIN NARAYAN, SR.PP


     THIS    CRIMINAL    APPEAL    HAVING   COME   UP    FOR   HEARING    ON
23.09.2024,    THE   COURT    ON    THE     SAME   DAY    DELIVERED      THE
FOLLOWING:
                                                         2024:KER:70573
CRL.A NO. 1375 OF 2024

                                   2



                            C.S.SUDHA, J.
               ---------------------------------------------
                   Crl. Appeal No.1375 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.38/2022 in SC No.430/2022 on the file of the Court of the

Additional Sessions Judge-III, Kasaragod. The counter petitioners

were the sureties of the 11th accused in the aforesaid case. During

the trial of the case, the 11th 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 ₹1,00,000/- each on the counter

petitioners. Hence, the appeal.

2. It is submitted by the learned counsel for the counter 2024:KER:70573 CRL.A NO. 1375 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

₹1,00,000/- 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 ₹40,000/- 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