Kerala High Court
CRL.A/666/2025 of AJIKUMAR Vs STATE OF KERALA on 11 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 CRL.A NO. 666 OF 2025 AGAINST THE ORDER DATED 22.03.2023 IN MC NO.115/2022 IN SC NO.1833/2021 OF SPECIAL JUDGE COURT FOR TRIAL OF SC/ST CASES,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
CRL.A NO. 666 OF 2025
AGAINST THE ORDER DATED 22.03.2023 IN MC NO.115/2022
IN SC NO.1833/2021 OF SPECIAL JUDGE COURT FOR TRIAL OF SC/ST
CASES, THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS/SURETY NOS.1 AND 2:
AJIKUMAR
AGED 62 YEARS
S/O APPUKKUTTAN PILLAI, KRISHNA BHAVAN,
CHITTATTUMUKKU P O, KADINAMKULAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695301
SANTHI L
AGED 60 YEARS
W/O PRASANNAN, SANTHI NIVAS, PUKAYILATHOPU, KORANI
P O, EDAKODE, THIRUVANANTHAPURAM DISTRICT - 695104
BY ADV M.ABDUL RASHEED
RESPONDENT
S / PETITIONERS/STATE
:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
THE STATION HOUSE OFFICER
CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN - 695304
SMT.SHEEBA THOMAS, PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
C.S.SUDHA, J.
--------------------------------------------- Crl. Appeal No.666 of 2025
--------------------------------------------- Dated this the 11th day of April 2025
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J U D G M E N T
This appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita is against the order dated 22/03/2023 in MC No.115/2022 in SC No.1833/2021 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Thiruvananthapuram, whereby the counter petitioners in the MC, who are the sureties of the accused have been directed to pay penalty of 50,000/- each. ₹
2. It is submitted by the learned counsel for the appellants/counter petitioners that the appellants/counter petitioners were unaware of the proceedings and hence the reason why they were unable to appear before the court. The accused for whom they were appearing as sureties has surrendered before the court and therefore a lenient view may be taken and the penalty amount may be reduced.
3. The request is opposed by the learned Public Prosecutor.
4. Heard both sides.
5. On going through the impugned order, it is seen that notice was issued to the appellants/counter petitioners which was also served on them. But, they never turned up before the trial court and hence the reason why the trial court proceeded to pass the impugned order. I do not find any infirmity as such in the impugned order. However, in the interest of justice, the impugned order is modified and the appellants are directed to pay penalty amount of 25,000/- each within a period of one month from the date of ₹ receipt of a copy of this judgment. The appeal is disposed of in the above terms. Interlocutory applications, if any pending, shall stand closed.
Sd/- C.S.SUDHA JUDGE NP