Anandan vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023

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Citation: sooperkanoon.com/1376407
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Aug 01, 2023
Case Number: CRL.A/1107/2023

Parties & Advocates

Appellant / Petitioner

Anandan

Respondent

State of Kerala

Excerpt

.....fail to show cause sufficient reasons for non-appearance of the accused whichled to forfeiture of the bond. therefore, the orderimpugned, directing payment of penalty, does not require any interference. however, in the matter of penalty, in consideration of financial crisis, that has been argued by the learned counsel for the appellants, the same can be reduced to rs.10,000/- each.4. in the result, this criminal appeal stands allowedin part. the penalty ordered by the trial court, as per the impugned order, stands reduced to rs.10,000/- each, with a direction to the appellants to pay the same, within a period of 15 days from today and the appellants are directed to appear before the trial court on 16.8.2023, to pay the fine amount.5. it is specifically ordered that, if the appellants fail to pay the amount on 16.8.2023, as ordered, the impugnedorder shall stand revived and in such event, the appellantsshall pay the entire amount, as per the impugned order and the trial court is directed to realise the penalty as per thecrl.a no. 1107 of 2023 4 impugned order, as such. sd/- a. badharudeen judge bb crl.a no. 1107 of 2023 5 appendix of crl.a 1107/2023 petitioners’ annexures annexure 1 certified copy of order dated 1/7/2022 in m.c. no: 04/2022 in s.t. no. 75/2019 of the judicial first class magistrate- 11, ottapalam respondent’s annexures nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 CRL.A NO. 1107 OF 2023 MC NO.4/2022 IN ST 75/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, OTTAPPALAM APPELLANTS/COUNTER PETITIONERS: 1 ANANDAN AGED 54 YEARS S/O. SIVASANKARAN, PUNNOOKKIL, KOTTATHARA, ESWARAMANGALAM P.O, THAVANUR, PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 2 SARFUDHEEN AGED 46 YEARS S/O.UNNEEN, PARAPPIL HOUSE, BEERANCHIRA, CODACAL P.O, TIRUR TALUK, MALAPPURAM DISTRICT-, PIN - 676108 BY ADV A.HAROON RASHEED RESPONDENT/COMPLAINANT & STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SR PUBLIC PROSECUTOR SRI. P G MANU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A NO. 1107 OF 2023 2

JUDGMENT

Dated this the 1st day of August, 2023 This appeal has been filed under Section 449 of the Code of Criminal Procedure and the appellants, who are

sureties to the accused in S.T.No.75/2019 on the files of the Judicial First Class Magistrate Court - II, Ottapalam, impugns order, dated 1.7.2022 in M.C.No.4/2022 in the above case, whereby, the learned Magistrate imposed penalty to the tune of Rs.25,000/- each, against the appellants, on finding forfeiture of bond, due to absence of the accused before the trial court, in obedience of the bail bond executed by him and the appellants herein together.

2. Insofar as the order is concerned, the learned counsel for the appellants is satisfied with reduction in the amount.

3. As far as forfeiture of bond is concerned, CRL.A NO. 1107 OF 2023 3 forfeiture took place when the sureties fail to show cause sufficient reasons for non-appearance of the accused which

led to forfeiture of the bond. Therefore, the order

impugned, directing payment of penalty, does not require any interference. However, in the matter of penalty, in consideration of financial crisis, that has been argued by the learned counsel for the appellants, the same can be reduced to Rs.10,000/- each.

4. In the result, this Criminal Appeal stands allowed

in part. The penalty ordered by the trial court, as per the impugned order, stands reduced to Rs.10,000/- each, with a direction to the appellants to pay the same, within a period of 15 days from today and the appellants are directed to appear before the trial court on 16.8.2023, to pay the fine amount.

5. It is specifically ordered that, if the appellants fail to pay the amount on 16.8.2023, as ordered, the impugned

order shall stand revived and in such event, the appellants

shall pay the entire amount, as per the impugned order and the trial court is directed to realise the penalty as per the

CRL.A NO. 1107 OF 2023 4 impugned order, as such. Sd/- A. BADHARUDEEN JUDGE Bb CRL.A NO. 1107 OF 2023 5 APPENDIX OF CRL.A 1107/2023 PETITIONERS’ ANNEXURES Annexure 1 CERTIFIED COPY OF ORDER DATED 1/7/2022 IN M.C. NO: 04/2022 IN S.T. NO. 75/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE- 11, OTTAPALAM RESPONDENT’S ANNEXURES NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Anandan vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen