Kerala High Court

CRL.A/666/2025 of AJIKUMAR Vs STATE OF KERALA on 11 April 2025

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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

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