Radha vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1882309
CourtKerala High Court
Decided OnJun-28-2019
Case NumberCRL.A/820/2019
JudgeHonourable Mr. Justice Raja Vijayaraghavan V
AppellantRADHA
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice raja vijayaraghavan v friday, the 28th day of june 2019 / 7th ashadha, 1941 crl.a.no.820 of 2019 against the order in m.c. no.610 of 2018 in sc no.490/2016 of the sessions court, thrissur dated 17-07-2018 crime no.1759/2015 of mathilakam police station, thrissur appellants/counter petitioners : 1 radha, w/o. venu, mangaparambil house, aladesom, 2 manju, w/o. benny, chandikkal house, ala desom, by advs. sri.a.s.dheeraj sri.p.v.jeevesh respondent/respondent : state of kerala, rep. by the public prosecutor, high court of kerala-682 031. other present: sri. ajith murali, public prosecutor this criminal appeal having come up for admission on 28.06.2019, the court on the same day delivered the following: crl.a.no.820 of 2019 2judgmentthe instant appeal is preferred under section 449 of the code of criminal procedure (hereinafter referred to as the ‘code’, for brevity) by the counter petitioners 1 and 2 in m.c. no.610 of 2018 in s.c. no.490 of 2016 on the file of the sessions judge, thrissur.2. the appellants had stood as sureties for the accused inthe above case. the accused failed to appear before the learned sessions court and the court below, after forfeiting his bond, initiated proceedings under section 446 of the code. on the failure of appellants to produce the accused or to show cause why penalty should not be imposed, the impugned order was passed ordering penalty of rs.50,000/- to be paid within third days.3. heard sri. t.v. jeveesh, the learned counsel appearing for the appellants, and the learned public prosecutor.4. it is submitted by the learned counsel that the appellants are the mother and sister respectively of the accused. they live in penurious circumstances and referring to annexure-2, it is submittedthat the 2nd appellant is suffering from cancer. he would contend that the accused had later surrendered before the court of session and by judgment dated 26.03.2019 in s.c. no.490 of 2016, he was acquitted of all charges.crl.a.no.820 of 2019 3 5. i have heard the learned public prosecutor as well. 6. i have gone through the judgment in s.c. no.490 of2016, which was made available by the learned counsel appearing for the appellants. taking note of the fact that the accused has already been acquitted by the court below and having regard to the indigency of the appellants, i am of the view that the penalty imposed by the learned sessions judge is on the higher side. i am of the view that directing the appellants to pay a sum of rs.3,000/- (rupees three thousand only) each towards penalty will serve the ends of justice.in the result, this appeal will stand allowed and in modification of the order passed by the learned sessions judge, the appellants are directed to pay a penalty of rs.3,000/- (rupees three thousand only) each before the jurisdictional court. the amount shall be remitted within a period of three weeks from today.sd/- raja vijayaraghavan v., judge ns //true copy// p.a. to judge crl.a.no.820 of 2019 4 appendix petitioner(s) annexures : annexure 1 the letter issued by the sreenarayanapuram grama panchayath, certifying the fact of property damage of 1st appellant. annexure 2 the true copy of the medical records of the 2nd appellant. respondent(s) annexures :nil
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941 CRL.A.NO.820 OF 2019 AGAINST THE ORDER IN M.C. NO.610 OF 2018 IN SC NO.490/2016 OF THE SESSIONS COURT, THRISSUR DATED 17-07-2018 CRIME NO.1759/2015 OF MATHILAKAM POLICE STATION, THRISSUR APPELLANTS/COUNTER PETITIONERS : 1 RADHA, W/O. VENU, MANGAPARAMBIL HOUSE, ALADESOM, 2 MANJU, W/O. BENNY, CHANDIKKAL HOUSE, ALA DESOM, BY ADVS. SRI.A.S.DHEERAJ SRI.P.V.JEEVESH RESPONDENT/RESPONDENT : STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031. OTHER PRESENT: SRI. AJITH MURALI, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 28.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A.NO.820 OF 2019 2

JUDGMENT

The instant appeal is preferred under Section 449 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’, for brevity) by the counter petitioners 1 and 2 in M.C. No.610 of 2018 in S.C. No.490 of 2016 on the file of the Sessions Judge, Thrissur.

2. The appellants had stood as sureties for the accused in

the above case. The accused failed to appear before the learned Sessions Court and the court below, after forfeiting his bond, initiated proceedings under Section 446 of the Code. On the failure of appellants to produce the accused or to show cause why penalty should not be imposed, the impugned order was passed ordering penalty of Rs.50,000/- to be paid within third days.

3. Heard Sri. T.V. Jeveesh, the learned counsel appearing for the appellants, and the learned Public Prosecutor.

4. It is submitted by the learned counsel that the appellants are the mother and sister respectively of the accused. They live in penurious circumstances and referring to Annexure-2, it is submitted

that the 2nd appellant is suffering from cancer. He would contend that the accused had later surrendered before the Court of Session and by judgment dated 26.03.2019 in S.C. No.490 of 2016, he was acquitted of all charges.

CRL.A.NO.820 OF 2019            3
     5.    I have heard the learned Public Prosecutor as well.
     6.    I have gone through the judgment in S.C. No.490 of

2016, which was made available by the learned counsel appearing for the appellants. Taking note of the fact that the accused has already been acquitted by the court below and having regard to the indigency of the appellants, I am of the view that the penalty imposed by the learned Sessions Judge is on the higher side. I am of the view that directing the appellants to pay a sum of Rs.3,000/- (Rupees Three Thousand only) each towards penalty will serve the ends of justice.

In the result, this appeal will stand allowed and in modification of the order passed by the learned Sessions Judge, the appellants are directed to pay a penalty of Rs.3,000/- (Rupees Three Thousand only) each before the Jurisdictional court. The amount shall be remitted within a period of three weeks from today.

Sd/- RAJA VIJAYARAGHAVAN V., JUDGE NS //TRUE COPY// P.A. TO JUDGE CRL.A.NO.820 OF 2019 4 APPENDIX PETITIONER(S) ANNEXURES : ANNEXURE 1 THE LETTER ISSUED BY THE SREENARAYANAPURAM GRAMA PANCHAYATH, CERTIFYING THE FACT OF PROPERTY DAMAGE OF 1ST APPELLANT. ANNEXURE 2 THE TRUE COPY OF THE MEDICAL RECORDS OF THE 2ND APPELLANT. RESPONDENT(S) ANNEXURES :NIL