IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 CRL.A.No. 1207 of 2010() ------------------------ AGAINST THE ORDER DATED CRMC 84/09 IN SC.1360/2002 of SESSIONS COURT, KOLLAM ............................... APPELLANT: APPELLANT --------------------------------- 1. JAYA PARAMKIMAMTHUNDUIL, KAMUKUM CHERRY, PIRAVANTHOOR VILLAGE. 2. OMANA AMMA,PARAMKIMAMTHUNDUIL, KAMUKUM CHERRY, PIRAVANTHOOR VILLAGE. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY RESPONDENT: --------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI VENUGOPAL M.R. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A. No. 1207 of 2010 ---------------------------------------- Dated the 25th day of June, 2010 ORDER Appellants are the sureties in S.C.No.1360 of 2002 of the Court of Sessions Judge, Kollam. 2. The accused is the brother of the first appellant and son of the second appellant for whom the appellants stood as sureties. As the appellants failed to produce the accused, the learned Sessions Judge by the impugned order imposed a penalty of Rs. 25,000/- against each of the appellants. In terms of the contractual obligation undertaken by the appellants by executing the bond, the appellants are duty bound to produce the accused as and when required by the court . But there is failure on their part in producing the accused. Therefore, I have no doubt about the correctness and legality of the order of the court below. However, having regard to the facts and circumstances involved in this case, I am of the view that while upholding the order of the learned Sessions Judge, the penalty amount can be modified and reduced. In the result, this appeal is disposed of reducing the penalty amount from 25,000/- to Rs.12,500/- on each of the Crl.A.No.1207/10 -:2:- appellants. Accordingly, each of the appellants are directed to pay a sum of Rs.12,500/- as penalty. The learned counsel for the appellants submitted that the appellants have already deposited a sum of Rs.25,000/- in terms of the order dated 8.4.2010 in Crl.M.A. No.3355 of 2010 of this Court and the same can be adjusted against the penalty amount now revised and refixed by this Court. I find no reason to reject the above submission. Therefore, there will be a direction to the trial court to adjust a sum of Rs.25,000/- already deposited by the appellants as evidenced by the receipt dated 5.5.2010 issued from the District Court, Kollam against the penalty amount as revised and refixed by this Court. Coercive steps if any taken against the appellants shall stand cancelled. V.K.MOHANAN, JUDGE kvm/- Crl.A.No.1207/10 -:3:-