Kerala High Court
Nasser vs State Of Kerala on 27 January, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
CRL.A.No.121 OF 2020
AGAINST THE ORDER IN M.C.NO.195/2017 IN S.C.NO. 1129/2016 DATED
30-11-2017 OF THE IIIRDADDITIONAL DISTRICT AND SESSIONS JUDGE,
KOZHIKODE
CRIME NO.715/2010 OF Nadapuram Police Station , Kozhikode
APPELLANTS/COUNTER PETITIONERS:
1 NASSER,
AGED 48 YEARS,
S/O.KUNJABDULLA HAJI,
KODACHAMVEETTIL HOUSE,
VILATHAPURAM, PURAMERY,
VATAKARA TALUK, KOZHIKODE DISTRICT.
2 MAJEED NHANOTH,
AGED 49 YEARS,
S/O.MOIDU,
THAYYULLATHI HOUSE,
NHANOTH PONMERI PARAMBIL P.O.,
VILLAIAPPALLY (VIA),
VATAKARA, KOZHIKODE DISTRICT.
BY ADV. SRI.B.MUHAMMED SHAHEEL
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, COCHIN-682 031.
OTHER PRESENT:
SRI.C.S.HRITHWIK - SR. PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
27.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A.No.121 OF 2020
2
JUDGMENT
Dated this the 27th day of January, 2020 The appellants are sureties of the 1 st accused in S.C.No.1129/2016 on the file of the Court of the III rd Additional District and Sessions Judge, Kozhikode. The accused absconded and M.C. No. 195/2017 was registered against the appellants and vide impugned order dated 30.11.2017, the learned Sessions Judge forfeited the bail amount and directed the appellants to pay a sum of Rs.40,000/-(Rupees Forty Thousand only) each without after remitting the balance amount. The appellants contend that the accused for whom they had stood sureity subsequently surrendered and the case against him was quashed by this court vide order at Annexure-A2 dated 13.12.2019. In view of the quashing of the proceedings as against the accused for whom the appellants stood sureity they seek for leniency.
2. After having heard both sides, I find that the accused was subsequently available and the case against CRL.A.No.121 OF 2020 3 him has been quashed. Taking these circumstances into consideration, the appellants are shown some leniency and the penalty amount of Rs.40,000/- (Rupees Forty Thousand only) each is reduced to Rs.5,000/- (Rupees Five thousand only) each and the rest of the amount is remitted.
Hence, the appeal is allowed in part and the impugned order is modified to the extent stated above.
Sd/-
ASHOK MENON JUDGE NR/27/1/2020 CRL.A.No.121 OF 2020 4 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE ORDER DATED 30.11.2017 IN MC NO.195/2017 IN SC 1129/2016 OF THE HON'BLE IIIRD ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOZHIKODE.
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CRL.MC NO.8225/2019 DATED 13.12.2019.
RESPONDENT'S EXHIBITS: NIL
// TRUE COPY// PA TO JUDGE