High Court Kerala High Court

Leela vs State Of Kerala on 22 May, 2009

Kerala High Court
Leela vs State Of Kerala on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 742 of 2009()


1. LEELA, W/O. GOPALAKRISHNAN,
                      ...  Petitioner
2. ASHA, D/O. GOPALAKRISHNAN,
3. ANEESH, S/O. GOPALAKRISHNAN,
4. MUHAMMADALI, S/O. ABDULLA,

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. TAHSILDAR, VATAKARA.

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :22/05/2009

 O R D E R
                           M.N.KRISHNAN, J
                       =====================
                         CRL.A. No.742 OF 2009
                       =====================

                  Dated this the 22nd day of May 2009

                               JUDGMENT

This appeal is preferred by the legal representatives of deceased

Gopalakrishnan and one Muhammadali against the order passed by the

Sessions Court, Kozhikode in M.C.No.13 of 2005. Gopalakrishnan and

Muhammadali stood as sureties to the second accused in S.C.No.158 of

2005 on executing a bond for Rs.25,000/-. The second accused did not

enter appearance and the sureties did not produce the accused and therefore

the court cancelled the bail, forfeited the bond and initiated proceedings

against the sureties and thereafter directed Gopalakrishnan and

Muhammadali to pay a sum of Rs.25,000/- each within two months from

the date of order. The default sentence of 3 months’ simple imprisonment

was ordered. Thereafter Gopalakrishnan died and therefore his legal

representatives along with Muhammadali had come up in appeal.

2. At the stage of condoning the delay of 1194 days this Court

directed the legal representatives of Gopalakrishnan,viz., appellants 1 to 3

to deposit before the court below Rs.10,000/- and also directed the 4th

CRL A.742/2009 -:2:-

appellant to deposit a further sum of Rs.10,000/-. I am informed that the

said amounts had been deposited as ordered by this Court. In appeal under

Section 446 of the Code of Criminal Procedure the court has to find out and

also can take into consideration whether there has been total deliberate

disobedience by the sureties in fulfilling the terms of the bond which they

have executed. The present appellants have got a case that they had not

been served with proper notice which prevented them from appearing before

court and making proper representation. Whatever it may be, there was a

duty cast upon these persons to produce the accused and there has been

some laches. But, I feel considering the financial circumstances, it is

desirable that some leniency can be shown to them in the imposition of

penalty.

3. After hearing the learned counsel for the appellants and the learned

Public Prosecutor, I find it proper that justice can be served by reducing the

penalty to Rs.10,000/- by appellants 1 to 3 together and Rs.10,000/- by the

4th appellant. As that amount is already in deposit the court can convert it as

penalty ordered by this Court. To this extent, the appeal is allowed and it is

made clear that no further penal proceedings need be taken against these

CRL A.742/2009 -:3:-

appellants for realisation of any further amount.

M.N.KRISHNAN, JUDGE

Cdp/-