IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 5TH FEBRUARY, 2009 / 16TH MAGHA, 1930 CRL.A.No. 288 of 2009 (AGAINST THE ORDER DATED 16/09/2008 IN MC 13/2008 IN SC.19/2007 of ADDITIONAL DISTRICT AND SESSIONS JUDGE (ADHOC)-II, KOLLAM ) .................... APPELLANTS/RESPONDENTS: ------------------------------------------ 1. RAJU, GURU BHAVANAM VEED, PADA THEKKUMURI, AYANIVELIKULANGARA VILLAGE, KOLLAM. 2. SAJEEVAN, PUNTHALATH THEKKETHIL, PADA THEKKEMURI, AYANIVELIKULANGARA VILLAGE, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS/COMPAINANT/12TH ACCUSED: ------------------------------------------------------------------ 1. THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. RAJESH, POCHAYIL VAKADDATHIL VEEDU, PADA THEKKUMURI, AYANIVELIKULANGARA VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI.THOMAS JOHN AMBOOKEN. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.A.No. 288 of 2009 --------------------------------------------- Dated this the 5th day of February, 2009 J U D G M E N T This is an appeal preferred by the sureties in S.C.No.19/2007 against whom M.C.No.13/2008 is instituted by the court of Additional District and Sessions Judge (Adhoc- II), Kollam. As per the impugned order, the appellants are directed to pay an amount of Rs.15,000/- each as penalty. It is the above order challenged in this appeal. 2. As per the bond executed by the appellants on 31.5.2004, the 12th accused was released on bail who has to face trial for the offences punishable under Sections 283 and 395 of I.P.C. It is discernible from the order that after commitment of the case, the trial was undertaken by the court of Sessions, Kollam against the other accused. The 12th accused who is released on bail upon the suretyship of the appellants did not face the charge and therefore, the trial court is constrained to undertake another trial as and when the 12th accused appeared. It was in the above circumstances, the court below registered M.C.No.13 of 2008 against the appellants/sureties and also against the Crl.A.No. 288 of 2009 :-2-: absconding accused. 3. Though the appellants appeared before the court below, no convincing explanation was offered for the non- availability of the accused and they did not take any step to procure the presence of the absconding accused. The absconding accused is none other than the son of the first appellant. But, he also failed to procure the presence of his own son for the trial of the case. The learned counsel appearing for the appellants submits that the absconding accused is in Gulf and they are not in a position to produce him and therefore, a lenient view may be taken. 4. I find no reason to interfere with the order impugned. The appellants have already executed a bond for Rs.15,000/- each at the time of releasing the absconding accused and it is the said bond ordered to be forfeited and the amount to be paid as penalty. However, considering the overall situation involved in the case, I am of the view that the amount fixed by the court below can be reduced to Rs.10,000/- (Rupees Ten Thousand only) from Rs.15,000/- if the same is paid on or before 12.2.2009. Crl.A.No. 288 of 2009 :-3-: Under the above circumstances, the amount ordered as per the impugned order is reduced from Rs.15,000/- to Rs.10,000/- and each of the appellants is directed to pay Rs.10,000/- (Rupees Ten Thousand only) being the penalty on or before 12.2.2009 and no further time will be granted. If the amount is not paid as directed above, the court below is free to take all coercive steps for realising the amount as revised and refixed. The Crl.Appeal is disposed of as above. V.K.Mohanan, Judge MBS/ Crl.A.No. 288 of 2009 :-4-: V.K.MOHANAN, JJ. -------------------------------------------- Crl.A.NO. OF 200 -------------------------------------------- J U D G M E N T Crl.A.No. 288 of 2009 :-5-: DATED: -1-2009