IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 CRL.A.No. 2008 of 2005() ----------------------------------- SC.1322/2004 of ADDL. DIST & SESSIONS COURT (ADHOC)-I, KOLLAM .................... APPELLANTS/COUNTER PETITIONERS 2 AND 3 -------------------------------------------------------------------- 1. YOOSUF, S/O.MYTHEENKUNU, CHERUVILA PUTHEN VEEDU, ERAM THEKKUMBHAGOM MURI, ANCHAL VILLAGE. 2. ASUMA BEEVI, W/O.MUHAMMED HUSSAIN, CHEENIVILA KARIKKAM VEEDU, ARAKKAL VILLAGE, THEVARTHOTTAM MURI. BY ADV. MR.SUNNY MATHEW RESPONDENT/PETITIONER --------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2008 OF 2005 = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2009. J U D G M E N T This appeal is preferred against the imposition of penalty in M.C.40/05 in S.C.1322/04 of the Addl. District and Sessions Judge, Adhoc-I, Kollam. The appellants are the sureties to 3rd accused and as they were not able to produce the accused the bond was forfeited and there was a direction to pay Rs.7,000/- as penalty. The learned counsel for the appellants pray for leniency. It is submitted by him that there had been no deliberate act on the part of the sureties to evade presence of the accused before the court. It is also submitted that they are financially not in a stable position. Taking into consideration the submissions and after hearing the learned Prosecutor as well, I feel justice can be met by reducing the penalty amount from Rs.7,000/- to Rs.5,000/-. In the result, the Crl.Appeal is partly allowed and the appellants herein are directed to pay a penalty of Rs.5,000/- each on or before 31.8.2009. If they fail to pay the amount Crl. Appeal NO. 2008 OF 2005 -:2:- the lower court shall take steps for realization. If the amount is not paid within the time stipulation they shall undergo imprisonment in civil jail for a period of one month. M.N. KRISHNAN, JUDGE. ul/-