Baby vs State of Kerala

BABY vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 25, 2022

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https://sooperkanoon.com/case/1445661

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Citation: sooperkanoon.com/1445661
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jan 25, 2022
Case Number: CRL.A/98/2022

Parties & Advocates

Appellant / Petitioner

BABY

Respondent

State of Kerala

Excerpt

.....government pleader for the respondents.4. learned counsel for the appellants contended thatsubsequent to the issuance of the impugned order the accused was produced before the court below and he was remanded to judicial custody. it was also pointed out that the appellants are relatives of the accused person and are also coolie workers. the amount imposed as penalty by the special court is on higher side. learned counsel relied upon the judgment in sahadevan & another v. state of kerala [2017 khc 981] and santha v. state of kerala [2011 (2) khc 353], wherein it was held by this court that the court cannot impose penalty in a mechanical manner. it is also held that, it is not necessary to impose full amount of the bond as penalty. when considering the factual situation existing in this case, it can be seen that, the accused was produced before the court, even though belatedly, and he is nowunder judicial custody. in such circumstances, imposition of penalty at the rate of rs,40,000/- each, appears to be on higher side. considering the facts and circumstances of the case, i am of the view that an amount rs.5,000/- each would render justice to the parties.5. accordingly, order dated 10.12.2021 passed by thecourt of special judge fast track special court, irinjalakkuda in m.c. no.16/2021 is modified and the penalty imposed upon the appellants herein is revised as rs.5,000/- each. the appeal is disposed of as above. sd/- ziyad rahman a.a. judge scs

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TH TUESDAY, THE 25 DAY OF JANUARY 2022 / 5TH MAGHA, 1943 AGAINST THE ORDER DATED 10.12.2021 IN MC 16/2021 OF FAST TRACK SPECIAL COURT, IRINJALAKUDA APPELLANTS/COUNTER PETITIONER NO.1 & 2: 1 BABY W/O SAM AGED 48 YEARS, PADINJATTEDATHU HOUSE POYYA VILLAGE, POYYA P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT - 680 733 USHA 2 W/O RAJAN, AGED 60 YEARS, ERIYATTUPARAMBIL, MALA PALLIPPURAM DESOM, KODUNGALLUR TALUK THRISSUR DISTRICT - 680732 BY ADVS. RAVIKRISHNAN K.VINAYA RESPONDENT/COMPLAINANT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA 2 INSPECTOR OF POLICE KODUNGALLUR POLICE STATION KODUNGALLUR P.O. THRISSUR DISTRICT BY ADV. SMT.SREEJA V. - PP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appellants are the counter petitioners/sureties in M.C. No.16/2021 of Fast Track Special Court, Irinjalakkuda. They stood as sureties for the sole accused in S.C. No.485/2018 of Fast Track Court Special Court, Irinjalakkuda. Subsequently the accused absconded and proceedings were initiated against the petitioner under Section 445 Cr.P.C.

2. Upon receipt of the notice, the appellants herein

appeared before the court. They also produced the accused on 03.01.2022 and he was later remanded to judicial custody. In the meanwhile, the learned Special Judge passed the impugned order, imposing penalty of Rs.40,000/- each upon the appellants herein. This appeal is filed by the appellants being aggrieved by the said penalty.

3. Heard Sri.Ravikrshnan, the learned counsel for the appellants and Smt.Sheeba Thomas, learned Special Government Pleader for the respondents.

4. Learned counsel for the appellants contended that

subsequent to the issuance of the impugned order the accused was produced before the court below and he was remanded to judicial custody. It was also pointed out that the appellants are relatives of the accused person and are also coolie workers. The amount imposed as penalty by the Special Court is on higher side. Learned counsel relied upon the judgment in Sahadevan & Another v. State of Kerala [2017 KHC 981] and Santha v. State of Kerala [2011 (2) KHC 353], wherein it was held by this Court that the court cannot impose penalty in a mechanical manner. It is also held that, it is not necessary to impose full amount of the bond as penalty. When considering the factual situation existing in this case, it can be seen that, the accused was produced before the court, even though belatedly, and he is now

under judicial custody. In such circumstances, imposition of penalty at the rate of Rs,40,000/- each, appears to be on higher side. Considering the facts and circumstances of the case, I am of the view that an amount Rs.5,000/- each would render justice to the parties.

5. Accordingly, order dated 10.12.2021 passed by the

Court of Special Judge Fast Track Special Court, Irinjalakkuda in M.C. No.16/2021 is modified and the penalty imposed upon the appellants herein is revised as Rs.5,000/- each. The appeal is disposed of as above. Sd/- ZIYAD RAHMAN A.A. JUDGE SCS

Same Court & Year Kerala · 2022 Same Parties BABY vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.