Kerala High Court
Lalu P.Joseph vs Nair on 12 December, 2012
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 12TH DAY OF DECEMBER 2012/21ST AGRAHAYANA 1934
Crl.Rev.Pet.No. 2428 of 2012
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CRA.122/2010 of COURT OF ADDL. DIST. & SESSIONS JUDGE (ADHOC)III,
PATHANAMTHITTA
CC.59/2007 of J.M.F.C.-I,PATHANAMTHITTA
REVISION PETITIONER(S):
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1. LALU P.JOSEPH
PALAPARAMBIL HOUSE
MALLAPALLY VILLAGE PATHANAMTHITTA, PIN-689 584.
2. USHA KUMARI, W/O.LATE VIJAYAKUMARA PILLAI, AGED 44 YEARS
MAMBRAMPALLIL HOUSE, MALLAPALLI VILLAGE
PATHANAMTHITTA
PIN-689 584 (LEGAL HEIR OF 2ND APPELLANT IN CRIMINAL APPEAL
NO.122/2010)
3. VINISH V. NAIR, S/O.LATE VIJAYAKUMARA PILLAI,, AGED 23 YEARS
MAMBRAMPALLIL HOUSE, MALLAPALLI VILLAGE
PATHANAMTHITTA
PIN-689 584 (LEGAL HEIR OF 2ND APPELLANT IN CRIMINAL APPEAL
NO.122/2010)
4. ANISH V. NAIR, S/O.LATE VIJAYAKUMARA PILLAI,, AGED 21 YEARS
MAMBRAMPALLIL HOUSE, MALLAPALLI VILLAGE
PATHANAMTHITTA
PIN-689 584 (LEGAL HEIR OF 2ND APPELLANT IN CRIMINAL APPEAL
NO.122/2010)
BY ADV. SRI.NAVEEN THOMAS
COMPLAINANT(S):
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTORHIGH COURT OF KERALA
ERNAKULAM, COCHIN-682 031.
BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 12-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S. Siri Jagan, J.
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Crl. R.P. No. 2428 of 2012
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Dated this, the 12th day of December, 2012.
O R D E R
The 1st petitioner is one of the sureties for granting bail to the accused in C.C. No. 59/2007 before the Judicial First Class Magistrate-I, Pathanamthitta and petitioners 2 to 4 are the legal heirs of the co-surety. The sureties had executed bonds for Rs. 50,000/- each for the due presence of the accused in court when required in the criminal case. But, the accused did not appear on the date fixed for his appearance. Therefore, the Judicial First Class Magistrate, Pathanamthitta, registered M.C.No. 61/2009 against the two sureties and imposed on them a fine of Rs. 50,000/- each with a default clause of imprisonment in civil prison for a period of one month each in case of non- payment. The sureties filed Cr. A. No. 122/2010 before the Additional District and Sessions Judge (Ad Hoc) Fast Track Court-III, Pathanamthitta, challenging the order of the Magistrate. By order dated 8.7.2011, the Sessions Judge reduced the penalty to Rs. 35,000/- each. While so, the second surety died. Accordingly, the 1st surety and the legal heirs of the second surety have filed this Criminal R.P. challenging the orders of the courts below.
2. The petitioners seek lenience of this Court in the matter of reducing the amount of penalty. It is submitted that subsequently, the accused appeared and the complaint itself was withdrawn.
3. Having heard the learned Public Prosecutor also, I am Crl. R.P. No. 2428 of 2012 -: 2 :- inclined to take a lenient view, by reducing the amount of penalty. Accordingly, the amount of penalty is reduced to Rs.25,000/- (Rupees twenty five thousand only) each, one set payable by the 1st petitioner and the other set by petitioners 2 to 4 together. If there is default in payment, as directed by the Sessions Judge, the 1st petitioner shall undergo imprisonment in civil prison for one month. The amount due from the other petitioners shall be recovered by resort to proceedings under the Criminal Procedure Code, in case of non-payment.
The Criminal R.P. is disposed of as above.
Sd/- S. Siri Jagan, Judge.
Tds/ [True copy] P.S to Judge.