IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 CRL.A.No. 1041 of 2010() ------------------------------------ AGAINST THE ORDER DATED 19/12/2009 IN M.C.172 OF 2009 IN SC.647/2007 of ADDL.SESSIONS JUDGE (ADHOC-I), KASARAGOD ............................................................. APPELLANT(S): COUNTER PETITIONERS ------------------------------------------------------------ 1. CHANDRAVATHI, AGED 43 YEARS, W/O. GOVINDAN, RESIDING AT MALANKUNDU, BANDADKA.P.O, BANDADKA, KASARAGOD 2. BALAN, AGED 43 YEARS, S/O. KRISHNAN MANIYANI, EROLE, THEKKEKARA.P.O MYLATTY, BALA VILLAGE, HOSDURG, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV.SRI.M.R.VENUGOPAL, PUBLIC PROSECUTOR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ V.K.MOHANAN, J. ------------------------------- Crl. APPEAL No.1041 of 2010 ------------------------------- Dated this the 17th day of June, 2010. J U D G M E N T The appellants are sureties for the 4th accused in S.C.647/2007 of Addl. Sessions Court (Ad hoc-1), Kasaragod. As the accused jumped over bail condition and absconded and the appellants failed to produce him though notice was served on the appellants in this regard, finally by an order dated 19.12.2009 in M.C.No.172/09 in S.C.647/07 of Addl. Sessions Court (Ad hoc- 1), Kasaragod, each of the appellants were ordered to pay penalty of Rs.10,000/-, which is now challenged in this appeal. 2. The learned counsel for the appellants submitted that, the 4th accused, for whom the appellants stood as sureties, is in abroad and they are unable to produce him in the court below and therefore it is submitted that a lenient view may be taken in the matter. 3. Though the appellants are contractually obliged to produce the 4th accused as per the Bond executed by them, they failed to discharge their duty, therefore the order of the learned Crl. APPEAL No.1041 of 2010 2 Sessions Judge is perfectly legal and valid. However considering the fact that the accused is in abroad, in violation of the bail condition, it is impossible for the appellants to produce him at the court below and therefore according to me while upholding the correctness of the order passed by the trial court, the penalty amount fixed against each of the appellants can be reduced to Rs.3,000/-, which will be sufficient to meet the end of justice. In the result, this appeal is disposed of reducing the penalty amount of Rs.10,000/- to Rs.3,000/-, on each of the appellants. When this court condoned the delay, that occurred in filing the above criminal appeal, each of the appellants were directed to remit Rs.3,000/- in the court below and accordingly they have remitted the said amount and to show the remittance they have produced the receipt also. If that be so, the appellants need not deposit further amount, and the amount already deposited by them can be adjusted towards the penalty amount as revised and refixed by this court. Hence there will be a direction to the lower appellate court to adjust Rs.3,000/- deposited by each of the Crl. APPEAL No.1041 of 2010 3 appellants, in the court below as per the order dated 24.3.2010 of this court. Coercive steps if any, taken against the appellants shall stand cancelled. Criminal appeal is disposed of accordingly. V.K.MOHANAN, Judge. ami/