IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 63 of 2001()
1. PULIKKATHODI CHOZHI
... Petitioner
Vs
1. STATE
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :05/06/2009
O R D E R
THOMAS P. JOSEPH, J.
--------------------------------------
Crl.R.P.No.63 of 2001
--------------------------------------
Dated this the 5th day of June, 2009.
ORDER
This revision is in challenge of judgment of learned Sessions Judge,
Manjeri in Crl.Appeal No.111 of 1996 confirming order in M.C.No.55 of 1996 of
the court of learned Chief Judicial Magistrate, Manjeri whereby petitioners and
the accused in the case were directed to pay penalty of Rs.10,000/- each .
Learned Sessions Judge while disposing of the appeal clarified that the penalty
of Rs.10,000/- is the aggregate amount payable by the petitioners as well as the
accused.
2. Petitioner No.1 died during the pendency of this revision. His legal
representatives are impleaded as additional petitioners.
3. Learned counsel contended that penalty imposed is excessive and
that it exceeded the bond amount.
4. Learned Sessions Judge has observed that the bond executed by
the sureties is for Rs.7,500/- each. It is not disputed that petitioners bailed out
the accused in S.T.No.91 of 1994. He failed to turn up and petitioners failed to
produce him. Conditions of the bond stand violated. Petitioners were given
notice of the proceedings but they did not turn up. Hence they are liable to pay
Crl.R.P.No.63/2001
2
penalty. I do not find reason to interfere with the quantum of penalty imposed.
But I make it clear that liability of the petitioners will be Rs.2,500/- (Rupees two
thousand and five hundred only) each.
Revision Petition is disposed of with the above clarification.
Crl.M.A.No.266 of 2001 will stand dismissed.
THOMAS P.JOSEPH,
Judge.
cks
Crl.R.P.No.63/2001
3
Thomas P.Joseph, J.
Crl.R.P.No.63 of 2001
ORDER
5th June, 2009.