Lashitha vs State of Kerala,

Type Court Judgment Court Kerala Decided Nov 15, 2024

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https://sooperkanoon.com/case/1293499

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Citation: sooperkanoon.com/1293499
Court: Kerala High Court
Judge: Honourable Mr.Justice P.G. Ajithkumar
Decided On: Nov 15, 2024
Case Number: Crl.Rev.Pet/593/2019

Parties & Advocates

Appellant / Petitioner

Lashitha

Respondent

State of Kerala,

Excerpt

.....the court on the same day passed the following:judgmentthe petitioners had stood sureties for the first accused in sc no.629/2016 on the files of the additional sessions court-i, alappuzha. the accused, who is none other than the son of the petitioners absconded after being enlarged on bail. consequently, notices were issued to the petitioners and the bond executed by them were forfeited and the petitioners were directed to pay penalty of rs.25,000/- each under section 446(1) cr.p.c.2. a perusal of the order shows that while passing the impugned order the learned sessions judge had taken into consideration the fact that even as on the date on which theorder was passed, the accused was absconding.3. the learned counsel for the petitioners submit that theaccused had surrendered before the court subsequently and fresh bond was also executed by him. it is further submitted that due to penury the petitioners are not in a position to pay penalty of rs.25,000/- each and some leniency may be shown with respect to the amount fixed under annexure -i. considering the entire aspects, especially the submission that the accused had surrendered and executed fresh bond, the penalty imposed as per annexure -i order is reduced to an amount of rs.10,000/- (rupees ten thousand only) each, which the petitioners shall pay within a period of two months from today. the criminal appeal is allowed to the above extent. sd/- v.g.arun shg judge appendix petitioner's/s exhibits: annexure-1 true copy of the order dated 31.01.2019 in m.c.no.1/2019 in sc no.629/2016 passed by the court of additional sessions court- 1,alappuzha

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941 AGAINST THE ORDER/JUDGMENT IN MC 1/2019 of ADDITIONAL SESSIONS COURT-I, ALAPPUZHA. CRIME NO. 701/2015 OF Nooranadu Police Station , Alappuzha APPELLANTS/COUNTER PETITIONERS 2 &3: 1 DEVAKIYAMMA AGED 63 YEARS W/O.GOPALAKRISHNAN UNNITHAN, BIJU BHAVANAM, MUTHUKATTUKARA MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK 2 GOPALAKRISHNAN UNNITHAN, AGED 68 YEARS S/O. NARAYANAN NAIR, BIJU BHAVANAM,MUTHUKATTUKARA MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK BY ADVS. SRI.RASHEED C.NOORANAD SMT.M.N.ANITHA RESPONDENT/STATE: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 OTHER PRESENT: SR.PP SRI.SANTHOSH PETER THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

JUDGMENT

The petitioners had stood sureties for the first accused in SC No.629/2016 on the files of the Additional Sessions Court-I, Alappuzha. The accused, who is none other than the son of the petitioners absconded after being enlarged on bail. Consequently, notices were issued to the petitioners and the bond executed by them were forfeited and the petitioners were directed to pay penalty of Rs.25,000/- each under Section 446(1) Cr.P.C.

2. A perusal of the order shows that while passing the impugned order the learned Sessions Judge had taken into consideration the fact that even as on the date on which the

order was passed, the accused was absconding.

3. The learned counsel for the petitioners submit that the

accused had surrendered before the court subsequently and fresh bond was also executed by him. It is further submitted that due to penury the petitioners are not in a position to pay penalty of Rs.25,000/- each and some leniency may be shown with respect to the amount fixed under Annexure -I. Considering the entire aspects, especially the submission that the accused had surrendered and executed fresh bond, the penalty imposed as per Annexure -I order is reduced to an amount of Rs.10,000/- (Rupees ten thousand only) each, which the petitioners shall pay within a period of two months from today. The Criminal Appeal is allowed to the above extent. Sd/- V.G.ARUN shg JUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-1 TRUE COPY OF THE ORDER DATED 31.01.2019 IN M.C.NO.1/2019 IN SC NO.629/2016 PASSED BY THE COURT OF ADDITIONAL SESSIONS COURT- 1,ALAPPUZHA

Same Court & Year Kerala · 2024 Same Parties Lashitha vs State of Kerala, Same Judge Honourable Mr.Justice P.G. Ajithkumar