ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an appeal filed under Section 449 of Cr.P.C. at the instance of the appellants who are sureties for the sole accused in S.C.No.278 of 2011 of the court of the first Additional Sessions Judge, Kollam since they are aggrieved by the order dated 20/10/2011 of the very same trial court in M.C.No.60 of 2011 by which the learned Judge imposed a penalty of Rs.50,000.00 on each of the appellants.

(2.) THE counsel for the appellants submitted that as the mother of the accused for whom the appellants stood as sureties, was hospitalized, the said accused could not appear before the court in time and consequently the court issued the impugned order. It is also the submission of the learned counsel that the accused faced the trial and finally he is convicted. Therefore the counsel submits that the order impugned is illegal and liable to be set aside and alternatively it is submitted that a lenient view may be taken with respect to the penalty amount.

(3.) IT is the further submission of the learned counsel that as per impugned order the learned Judge imposed a penalty of Rs.50,000.00 on each of the appellants which is equivalent to the bond amount which according to the learned counsel is arbitrary and illegal. Therefore the counsel submits that a lenient view may be taken with respect to the penalty amount especially considering the fact that the accused has already appeared before the trial court which resulted in his conviction.