High Court Kerala High Court

Monikutty vs State Of Kerala Rep.By Public … on 18 November, 2008

Kerala High Court
Monikutty vs State Of Kerala Rep.By Public … on 18 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3715 of 2008()


1. MONIKUTTY, W/O KOSHY, PUTHUPPALLY
                      ...  Petitioner
2. GOPINATHAN, S/O NANU, MANOJ BHAVANAM,

                        Vs



1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
                       ...       Respondent

                For Petitioner  :SRI.R.SUNIL KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :18/11/2008

 O R D E R
               M.SASIDHARAN NAMBIAR, J.
               --------------------------------------------------
            Crl.Revision Petition No. 3715 of 2008
           -----------------------------------------------------------
          Dated this the 18th day of November, 2008

                                O R D E R

Revision petitioners are the sureties of the accused in

C.C.377/2005 on the file of Judicial First Class Magistrate -II,

Chengannoor. By executing a bond undertaking to produce the

accused, if he fails to appear as and when called for. Petitioners

got the accused released on bail. The accused subsequently

failed to appear. In spite of notices, petitioners did not produce

the accused. Learned Magistrate, cancelled the bond and issued

notice to the petitioners to show cause why the bond shall not be

forfeited and the penalty should not be imposed against them

under Section 446 of Cr.P.C. Though petitioners appeared, they

did not show any reason. Learned Magistrate, thereafter, passed

an order directing the petitioners to pay penalty of Rs.5,000/-

each. Petitioners challenged that order before the Additional

Sessions Court, Mavelikkara in Crl.Appeal No.2/2008. Learned

Additional Sessions Judge on re-appreciation of the materials

Crl.R.P.No.3715/2008

– 2 –

confirmed the order and dismissed the appeal. It is challenged in

the revision.

2. Learned counsel appearing for the petitioners was

heard. The learned counsel submitted that though the accused

did not originally appeared in C.C.377/2005, subsequently

judgment in C.C.377/2005 was challenged before the Sessions

Court and the sentence was suspended. It was argued that

failure of the accused to appear was due to brain tumor and

accused had undergone a major surgery and in such

circumstances, courts below should have viewed the matter

leniently, and no penalty should have been imposed.

3. On hearing the learned counsel and going through the

orders of the courts below, I do not find any reason to interfere

this order. There was no procedural irregularity. Both the

courts have considered all the relevant aspects. Petitioners who

had executed a bond undertaking to produce the accused and

Crl.R.P.No.3715/2008

– 3 –

failed to produce in spite of the directions are bound to pay the

penalty as provided in the bond. Learned Magistrate only

imposed a fine of Rs.5,000/- each, which is quite reasonable.

In the result, Criminal Revision Petition is dismissed.

M. SASIDHARAN NAMBIAR,
JUDGE
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