IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 1082 of 2007()
1. ASYA, W/O. ABDULLA,
... Petitioner
2. RABIYA, W/O. IBRAHIM,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.THANKAPPAN
Dated :20/06/2007
O R D E R
K.THANKAPPAN, J.
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CRL. APPEAL NO. 1082 OF 2007
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Dated this the 20th day of June, 2007
JUDGMENT
This appeal is filed against the order in Cr. M.C. No. 210 of 2007 in
S.C. No. 275 of 2002 on the file of the Additional Sessions Court (Adhoc
– III), Thalassery.
2. The appellants stood surety for the 9th accused in the above
Sessions Case. Since the accused did not appear before the court below on
summons and after issuing warrant, M.C. proceedings were taken against
the appellants. After complying with the provisions under Section 446
Cr.P.C., the impugned order was passed imposing a penalty of Rs.10,000/-
each on the appellants.
3. When the appeal came up for admission, this Court heard the
learned counsel appearing for the appellants as well as the learned Public
Prosecutor.
CRL.APPEAL NO.1082/2007 2
4. It is seen that the 9th accused in the above Sessions Case was
charge sheeted for the offence under Section 436 and other offences under
the Indian Penal Code. Even after issuance of summons and warrant, the
accused did not appear before the court. It is the duty of the sureties to
produce the accused before the court and since they failed to do so, the
court below was justified in imposing the penalty. Considering the fact
that the appellants made all efforts to produce the accused before the court
below, this Court is of the opinion that a lenient view can be taken.
Accordingly, the penalty of Rs.10,000/- each imposed by the court below
is reduced to Rs.7000/- each. The appellants shall remit Rs.4000/- each
on or before 1.7.2007 and the balance amount of Rs.3000/- each on or
before 30.7.2007. If the appellants remit the amount as directed, the
warrant issued against them shall stand recalled. If they fail to do so, the
court below is empowered to proceed against the appellants.
The Crl. Appeal is dismissed with the above modification.
(K.THANKAPPAN, JUDGE)
sp/
CRL.APPEAL NO.1082/2007 3