IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 CRL.A.No. 261 of 2008 ------------------------------------- SC.39/2005 of ADDL. SESSIONS COURT (ADHOC-I), THALASSERY .................... APPELLANTS/RESPONDENTS: 1. PANOLI HARIDASAN, S/O.ACHUTHAN, AGED 56 , KOROTH HOUSE, ERANJOLI, VADAKUMBAD, THALASSERI. 2. T.M.MANOHARAN, S/O.KUNHIRAMAN, MANIYATH, THALASSERI. BY ADV. SRI.H.BADARUDDIN SRI.C.A.JOSEPH RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.T.J.AMBOOKEN THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 261 of 2008 --------------------------- JUDGMENT Public Prosecutor enters appearance for the respondent State. Service complete. Heard. 2. The appeal is one filed under Section 449 of the Cr.P.C. The appellants were sureties to the accused in S.C.No.39/05 on the file of the Additional Sessions Court (Adhoc-I), Thalassery. The accused was being enlarged on bail on execution by him of bail bond along with the appellants as sureties. After enlargement on bail, the accused absconded and despite notice served on the appellants, they did not care to appear nor did they produce the accused before court. Thus, the conditions of the bond stood violated and the bond stood forfeited. 3. The court below has observed in the impugned order that in spite of granting several chances, no explanation is filed by the appellants either for not producing the accused or for not imposing penalty. It was, in the circumstance, that the court below imposed an amount of Rs.10,000/- each as penalty on the CRA 261/08 2 appellants. 4. The only argument advanced by the counsel for the appellants is that the amount of penalty imposed is excessive and the appellants, who are only labourers, are not in a position to pay so much amount and that therefore, leniency be extended in the the matter of fixing the quantum of penalty and the penalty be reduced. The request deserves favourable consideration. In the result, allowing this appeal in part, I reduce the amount of penalty imposed to Rs.5,000/- each payable by the appellants, giving remission for the balance amount of bond. The penalty so reduced and imposed by this judgment shall be paid by the appellants positively within one month from today. In case of failure, the court below shall take steps to have the penalty realised from the appellants. 7th February, 2008 (K.P.Balachandran, Judge) tkv