IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 CRL.A.No. 1683 of 2009 ------------------------------- AGAINST THE ORDER DATED 14/06/2007 IN MC 3/2007 IN SC.440/2006 of ASSISTANT SESSIONS COURT, QUILANDY ......................................... APPELLANT(S): COUNTER PETITIONER NO.3 ----------------------------------------------------------------- PRABHAKARAN,S/O.KUNHIKANNAN NAIR, CHALIL HOUSE, ARIKULAM, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1683 OF 2009 ------------------------------ Dated this the 14th day of August, 2009 JUDGMENT This is an appeal preferred against the order passed in M.C.No.3/2007 in S.C.No.440/2006 by the third respondent therein. He was a surety to the first accused in the case. But as the accused did not appear, notice was issued and thereafter also the sureties did not produce the accused. Therefore, the bond was forfeited and he was directed to pay Rs.15,000/= as penalty. 2. The learned counsel submits that the surety was in the Gulf country and the matter was settled between the defaco complainant and the accused and there had been a quashing of the proceedings and therefore he thought that nothing remains. Whatever it may be, when a bond is executed, it is incumbent upon the surety to produce the accused. But considering the special circumstances mentioned above, I am inclined to reduce the penalty. Therefore, the penalty is reduced to Rs.5,000/= 3. In the result, the appeal is partly allowed and penalty CRL.A.NO.1683/2009 2 is reduced from Rs.15,000/= to Rs.5,000/= as far as the appellant is concerned. If the amount is not paid on or before 31.10.2009, the surety shall undergo imprisonment in civil prison for a period of six weeks. M.N. KRISHNAN, JUDGE cl