IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 CRL.A.No. 1912 of 2008() -------------------------------------- AGAINST ORDER DATED 4/10/2007 IN CRL.M.C.NO.1479/2007 IN S.C.NO.235/2007 OF SESSIONS COURT, ERNAKULAM. ........ APPELLANT(S): COUNTER PETITIONERS/SURETIES: ------------------------------------------------------------------------------- 1. MATHEW, S/O.MATHAI, VATTAKUZHIYIL VEEDU, MAMALAKANDAM KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 2. THOMAS, S/O.KURIAKOSE, OOLICKAL VEEDU, KEERAMPARA KARA., KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.N.N.ELAYATH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT, J ---------------------- Crl.A.No.1912 of 2008 ---------------------------------------- Dated this the 29th day of October 2008 J U D G M E N T Appellants are sureties of an accused who faces indictment in a prosecution under Section 302 I.P.C. The accused in the case was released on bail on his compliance with the condition that he must execute a bond for Rs.25,000/- with two solvent sureties each for the like sum. The said crime was registered in 2005. As the accused did not appear before the Sessions Court, the learned Sessions Judge initiated proceedings against the accused under Section 446 Cr.P.C. The sureties were served. They were not able to produce the accused before court. In these circumstances, the learned Sessions Judge proceeded to pass the impugned order on 04/10/2007 under Section 446 Cr.P.C imposing the entire amount of bond i.e. Rs.25,000/- as penalty. Both the appellants were directed to pay penalty at the rate of Rs.25,000/- each. The appellants have come before this court with this appeal and the short contention raised is that leniency may be shown to the appellants. Crl.A.No.1912/2008. 2 2. What is the reason? The learned counsel for the appellants submits that the appellants were making desperate attempts somehow to ensure that the accused are produced before the learned Sessions Judge. He was laid up with chicken pox. Ultimately, the accused surrendered before the learned Sessions Judge and was enlarged on bail on 25/10/2007. To substantiate this assertion, the order sheet maintained by the learned Additional Sessions Judge (Adhoc-II), Ernakulam in S.C.No.235/2007 is produced by the learned counsel for the appellants. 3. I am satisfied that leniency can be shown to the appellants now - it having been shown satisfactorily that within 21 days of the impugned order, the accused had surrendered before the learned Sessions Judge and he was enlarged on bail. On the quantum of penalty imposed, I am satisfied that a lenient view can be taken. The appellants are not entitled for any further indulgence in the matter. The accused is facing a grave allegation under Section 302 I.P.C and it was incumbent that the bounden and the sureties must have scrupulously abided by the obligations created under the bond executed by them. I am, in Crl.A.No.1912/2008. 3 these circumstances, satisfied that the appeal can succeed only to the limited extent of the quantum of penalty. Considering all the relevant circumstances, I am satisfied that the imposition of a penalty of Rs.7,500/- each shall eminently meet the ends of justice. It is submitted that an amount of Rs.2,500/- has already been paid as per order dated 24/7/2008 passed by this court in Crl.M.A.No.7252/2008. If such payment has been made, only the balance amount need be paid by the appellants. 4. In the result, a) This Crl.A is allowed in part. b) The amount of penalty is reduced from Rs.25,000/- each to Rs.7,500/- each. Due credit shall certainly be granted for the amount of Rs.2,500/- which is said to be remitted in pursuance of the order dated 24/7/2008 passed by this court in Crl.M.A.No.7252/2008. (R.BASANT, JUDGE) jsr Crl.A.No.1912/2008. 4 Crl.A.No.1912/2008. 5 R.BASANT, J C.R.M.C.No. ORDER DAY OF NOVEMBER 2006