IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 CRL.A.No. 1285 of 2009() ------------------------------------- M.C. NO .30/09 IN SC. NO.1099/2006 OF ADDL. DISTRICT & SESSIONS COURT (ADHOC-III) KOLLAM. .......... APPELLANT(S): PETITIONER ----------------------- 1. JAYAPRAKASH, S/O. GOPINATHAN NAIR, JAYAVILASATHIL ,KARIKKODUCHERY, MANGADU VILLAGE, KOLLAM. 2. NAZEEMA BEEVI, VAYALIL PUTHEN VEEDU, THUNDIL VADAKKATHIL, MANGADU VILLAGE, KOLLAM. BY ADV. MR.B.MOHANLAL RESPONDENT(S): ACCUSED & STATE ------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KILIKOLLUR POLICE STATION, KOLLAM DIST THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1285 OF 2009 = = = = = = = = = = = = = = = Dated this the 6th day of July, 2009. J U D G M E N T This appeal is preferred against the order of the Addl. Sessions Judge, Adhoc-III, Kollam in S.C.1099/06. The appellants stood as sureties to the accused who along with others stood charge sheeted for the offences u/Ss.143, 147, 148, 452, 323 and 308 r/w S.149 IPC. The accused did not enter appearance and therefore the sureties were directed to produce him. The accused was away in gulf country which disabled the sureties to produce him. The learned counsel would contend the accused did not leave the place with their knowledge and they are in a poor financial circumstances and therefore leniency has to be shown. It is true that there is a duty cast upon the sureties to produce the accused as and when required by the Court. I feel they need not be directed to pay the entire bond amount as penalty for the reason that things are beyond their control and they did not have such a Crl.A. 1285 OF 2009 -2- strong financial background. Therefore the Crl.A. is partly allowed and the appellants herein are directed to pay a penalty of Rs.7,500/- in default of which they have to undergo imprisonment for six weeks in civil prison. They are directed to pay the amount on or before 30.9.09 failing which the lower Court shall execute the sentence. M.N. KRISHNAN, JUDGE. ul/-