Abdul Salam vs State Of Kerala on 3 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 4295 of 2007()


1. ABDUL SALAM, S/O. MOIDU,
                      ...  Petitioner
2. MOIDU, S/O. SAIDALAVI,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :03/12/2007

 O R D E R
                        V. RAMKUMAR , J
             ==========================
                 CRL.R.P. NO. 4295 OF 2007
             ==========================
            Dated this the 3rd day of December, 2007.

                              ORDER

The revision petitioners were the sureties of one Ismail,

accused in C.P. No. 17/2002 on the file of Judicial First Class

Magistrate, Tirur which is a case involving an offence punishable

under Section 307 IPC. The bond amount was Rs.10,000/-.

Consequent on the non-appearance of the said Ismail before the

trial court, proceedings were initiated against the revision

petitioners under Section 446 Cr.P.C. To the show cause notice

issued to them in Form No. 47 of schedule 2 of Cr.P.C except

stating that the accused has gone abroad, the revision petitioner

had no other explanation to be offered. The trial court

accordingly imposed the bond amount as penalty on each of the

revision petitioners and directed that if the amount turned out to

be irrecoverable, the revision petitioner shall undergo

imprisonment for five months in a civil prison. On an appeal

preferred by the revision petitioner as Crl. Appeal No.153/2006

before the Sessions Court, Manjeri, the lower appellate court

reduced the penalty to Rs.7,500/-. Hence this revision.

CRL.R.P.NO. 4295/2007 : 2 :

2. The explanation that the accused has slipped out of the

country and the sureties had no role to play in the accused going

abroad cannot ordinarily contribute sufficient cause so as to

justify reduction in the penalty amount. But, in view of the

decision reported in Muhammed Kunju and another v. State

of Karnataka (1999 (4) Crimes 320) where the Apex Court had

granted remission in similar circumstances, I am inclined to

reduce the penalty by 50% of the bond amount. Accordingly, the

penalty payable by each of the revision petitioners is reduced to

Rs.5000/-. The said amount of penalty shall be paid within one

month from today failing which the consequences mentioned in

the trial court order shall follow.

V. RAMKUMAR, JUDGE.

rv

CRL.R.P.NO. 4295/2007 : 3 :