IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 CRL.A.No. 1514 of 2009() ------------------------------------ MC.38/2006 IN SC.1020/2002 of PRL. ASSISTANT SESSIONS COURT, KOLLAM .................... APPELLANTS/COUNTER PETITIONERS -------------------------------------------------------- 1. MANIKUTTAN, THONNALIVEEDU, MOOLAMKARA PADINJATTATHIL, KANNIMEL CHERRI, SAKTHIKULANGARA. 2. BEENAKANNU, VAYALIKKUNNAM VADAKKATHIL, KANNIMEL CHERRI, SAKTHIKULANGARA. BY ADV. MR. K.SHAJ MR.SAJJU.S RESPONDENT/ PETITIONER ---------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1514 OF 2009 = = = = = = = = = = = = = = = Dated this the 6th day of August, 2009. J U D G M E N T This is an appeal preferred against the order passed in M.C.38/06 in S.C.1020/02. There was a delay to file the appeal and it was condoned on deposit of Rs.1,000/- and it is seen that the amount is already deposited. 2. Now turning to the merits of the case. Appellants herein are the sureties for the 7th accused in the sessions case 1020/02. They did not produce the accused. They did not even turn up. Therefore the court forfeited the bond and directed them to pay a penalty of Rs.7,000/-. It is against that decision the appeal is preferred. 3. A perusal of the memorandum of appeal would reveal that subsequently the 7th accused has been arrested and he has been released on bail. It is also submitted that they are under poor financial circumstances and therefore the penalty has to be reduced. Taking into consideration these materials I am inclined to reduce the penalty from Rs.7,000/- Crl.A. 1514 OF 2009 -2- to Rs.3,000/- each. The amount of Rs.1,000/- each deposited shall be credited to this penalty and they need only deposit the balance amount of Rs.2,000/- each. In the result the Crl.Appeal is allowed in part and disposed of as follows. (1) The penalty is reduced from Rs.7,000/- each to Rs.3,000/- each. (2) After giving due credit to Rs.1,000/- each already deposited, the appellants herein are directed to deposit Rs.2,000/- each more towards the penalty on or before 30.9.2009 and in default to undergo imprisonment in civil prison for a period of six weeks. (3) The lower Court shall execute the sentence after 30.9.2009. M.N. KRISHNAN, JUDGE. ul/-