2025:KER:24996 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 CRL.A NO. 499 OF 2025 AGAINST THE ORDER DATED 11.09.2024 IN MC NO.44 OF 2024 IN SC NO.292 OF 2022 OF SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI APPELLANT/2ND RESPONDENT/CP2: HASEENA T.K AGED 40 YEARS D/O MOHAMMED ALI, KOLLARUTHODI HOUSE, VAZHENKADA P.O., ALIPARAMBA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679357 BY ADVS. NINEEP K. C.MOHAMMED MUSTHAFA D.ARUN BOSE RESPONDENT/ PETITIONER/STATE : STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 SMT.SHEEBA THOMAS, PP THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24996 CRL.A NO. 499 OF 2025 2 C.S.SUDHA, J. --------------------------------------------- Crl. Appeal No.499 of 2025 --------------------------------------------- Dated this the 24th day of March 2025 J U D G M E N T This appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita is against the order dated 11/09/2024 in MC No.44/2024 in SC No.292/2022 on the file of the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri, whereby the counter petitioners in the MC who are the sureties of the accused have been directed to pay penalty of 50,000/- each as they were ₹ unable to produce the accused before the court. 2. It is submitted by the learned counsel for the appellant/2nd counter petitioner/2nd surety that due to her weak financial condition, she is unable to comply with the order. Hence, a lenient view may be taken and the penalty amount may be reduced to the maximum extent possible. 2025:KER:24996 CRL.A NO. 499 OF 2025 3 3. The request is opposed by the learned Public Prosecutor. 4. Heard both sides. 5. On going through Annexures A1 & A2 as well as the daily status report of 05/11/2024 and 06/11/2024, it is seen that the appellant/2nd counter petitioner/2nd surety was given time to produce the accused. However, the accused was not produced and therefore the trial court proceeded to pass the impugned order. I do not find any infirmity in the said order. However, in the interest of justice, the impugned order is modified and the appellant/2nd counter petitioner/2nd surety is directed to pay penalty amount of 35,000/- ₹ 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 2025:KER:24996 CRL.A NO. 499 OF 2025 4 APPENDIX OF CRL.A 499/2025 PETITIONER’S ANNEXURES Annexure A1 THE SCREEN SHORT OF E-COURT STATUS DATED 05.07.2024 REFLECTING THE PRESENCE OF APPELLANT BEFORE THE HON’BLE ADDITIONAL SESSIONS COURT (SPECIAL COURT FOR NDPS ACT OFFENCES), MANJERI IN S.C.NO.292/2022. Annexure A2 THE SCREEN SHORT OF E-COURT STATUS DATED 05.10.2024 REFLECTING THE PRESENCE OF APPELLANT BEFORE THE HON’BLE ADDITIONAL SESSIONS COURT (SPECIAL COURT FOR NDPS ACT OFFENCES), MANJERI IN S.C.NO.292/2022. RESPONDENT’S ANNEXURES: NIL