Kerala High Court
Ajayan vs State Of Kerala on 22 January, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937
CRL.A.No. 42 of 2016 ()
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MC 19/2013 IN SC NO. 996/2010 of ADDL. SESSIONS COURT - V, KOLLAM
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APPELLANT/2ND COUNTER PETITIONR :
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AJAYAN, S/O. BHARGAVAN,
GEETHALAYAM, KOTTAYAKKAKAM
CHAVARA
BY ADV. SRI.K.SUBASH CHANDRA BOSE
RESPONDENT/PETITIONER :
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF EKRALA
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 22-01-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
bp
CRL.A.No. 42 of 2016 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE I: COPY OF THE JUDGMENT DT 31/5/2013 IN SECTIONS CASE
NO. 996/2010 BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE
ADHOC-II, KOLLAM.
ANNEXURE II: COPY OF THE SUMMONS CARD RECEIVED BY THE APPELLANT.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
B. KEMAL PASHA, J.
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Crl. Appeal No.42 of 2016
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Dated this the 22nd day of January, 2016
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the appellant.
2. The appellant is the second counter petitioner in MC.19/2013 in SC.996/2010 of the Additional Sessions Court-V, Kollam. The said case was for the offences under Sections 399, 419 and 402 IPC and Section 5 of the Explosive Substance Act and Section 20 read with Section 27 of the Arms Act. The appellant along with the first counter petitioner in the MC took the 4th accused in the case in Crime No.758/2008 bail on executing a bond for 50,000/- each. Subsequently, the 4th accused, along with the 5th accused and 8th accused, absconded.
3. Even though notices were issued to the sureties, they could not produce A4 before the court below. Consequently, the trial of SC No.996/2010 was proceeded Crl.A.42/2016 : 2 : with as against A1, A2, A3, A6 and A7. The case against A4, A5 and A8 was split up. Through Annexure-A1 judgment, A1, A2, A3, A6 andA7 were acquitted.
4. The bonds executed by the sureties were forfeited. As the sureties could not produce A4 before the court below, the proceedings under Section 446 Cr.P.C. were initiated. Through the impugned order, the court below has ordered the appellant and the first counter petitioner to pay penalty of 25,000/- each.
5. The learned counsel for the appellant has pointed out that the appellant is a labourer, and it is not possible for him to raise that much money to pay the penalty. The learned counsel for the appellant seeks leniency.
6. Considering the facts and circumstances of the case and on hearing the learned counsel for the appellant, this Court is of the view that a penalty of 15,000/- as against the appellant herein will meet the ends of justice in the case.
Crl.A.42/2016 : 3 :
In the result, this Criminal Appeal is allowed in part by reducing the penalty in respect of the appellant ordered by the court below to 15,000/-. The appellant shall pay 15,000/- within two months from today. In case the penalty is not paid or could not be recovered, the appellant shall undergo imprisonment in civil jail for a period of one month.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/22/01 // True Copy // PA to Judge