High Court Kerala High Court

Devanandan vs State Of Kerala on 25 October, 2007

Kerala High Court
Devanandan vs State Of Kerala on 25 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1097 of 2000()



1. DEVANANDAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.V.VIJAYAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

 Dated :25/10/2007

 O R D E R
                               J.B.KOSHY, J.
                          --------------------------------
                        Crl.R.P.No.1097 OF 2000
                         ----------------------------------
                       Dated 25th October, 2007

                                   ORDER

Petitioners were sureties to the accused in a criminal case.

Annexure A4 proceedings show that several times the case was

adjourned for the presence of the accused. Finally non-bailable warrant

to the accused and notice to the sureties were issued. Since notice to

the sureties were not returned, repeated notice was issued to the

sureties and non-bailable warrant was again issued to the accused on

30.10.1999. Notice to surety No.2 served and notice to surety No.1

served was declared sufficient and since accused was absent, bail bond

was cancelled. No reply to the notice was filed and finally

Rs.5,000/=each was ordered to be paid by the sureties as penalty

which is the amount on bail bond. In appeal, the amount of Rs.5,000/=

each was reduced to Rs.3,000/= each. It is the contention of the

petitioners that in the judgment of the Sessions Judge it is stated that

notice was not served on the sureties, but, that is only the contention

repeated by the Sessions Judge. The Sessions Judge also stated

thereafter that notice was actually issued, but, they did not respond. In

these circumstances, I am of the view that no interference is required in

Crl.R.P.1097/2000 2

the impugned judgment.

The revision petition is dismissed.

J.B.KOSHY
Judge

tks