IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 CRL.A.No. 1229 of 2009() ---------------------------------- MC.23/2008 IN SC.123/2006 of ADDL. SESSIONS COURT (FAST TRACK-I), THIRUVANANTHAPURAM. .................... APPELLANTS/COUNTER PETITIONERS 2 AND 3 IN MC.NO.23 OF 2008: ---------------------------------------------------------------------------------------------------- 1. DELIAF PERIRA, S/O.LAWRENCE, CLEMMY HOUSE, KADINAMKULAM VILLAGE, KADINAMKULAM DESOM, THIRUVANANTHAPURAM. 2. JERRY PERIRA, S/O.SUBAKKY PERIRA, THERUVIL THAIVILAKOM VEEDU, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.G.P.SHINOD MR.RAM MOHAN.G. MR.MANU V. RESPONDENT/COMPLAINANT IN MC.NO.23 OF 2008: --------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1229 OF 2009 = = = = = = = = = = = = = = = Dated this the 29th day of June, 2009. J U D G M E N T This appeal is preferred against the order of the Addl. Sessions Judge, Fast Track Court-I, Thiruvananthapuram in M.C.24/08 in S.C.123/06. The appellants herein are he sureties in a case involving S.366 IPC. The accused was released on bail on execution of a bond for Rs.10,000/- with two sureties each. The accused did not enter appearance before the Court. Therefore he was directed to be produced and as the sureties did not succeed in producing him the bond was forfeited and they were directed to pay a fine of Rs.10,000/-. It is against that decision the appeal is preferred. The learned counsel for the appellant also would submit that there was no deliberate act on the part of the sureties to evade the presence of the accused from the Court. It is also stated that the sureties are in a poor financial situation and Crl.A. 1229 OF 2009 -2- therefore leniency must be shown. As directed by this Court the sureties had paid the fine of Rs.500/- each. Considering the circumstances, I feel justice can be met by reducing the penalty from Rs.10,000/- to Rs.5,500/- each which has been deposited before the Court. Therefore the appeal is disposed of as follows. The Crl.Appeal is partly allowed and the appellants are directed to pay a penalty of Rs.5,500/- each. If this amount is already paid and credited, then no further realisation is necessary or in default they may have to undergo simple imprisonment for a period of six weeks. M.N. KRISHNAN, JUDGE. ul/-