IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 CRL.A.No. 1713 of 2009() ---------------------------------- AGAINST THE ORDER DATED 07/07/2009 IN MC.6/2009 IN SC.115/2006 of IVTH ADDL. SESSIONS COURT, (ADHOC-II), THODUPUZHA. .................... APPELLANT(S): COUNTER PETITIONERS 1 & 2: ----------------------- 1. VARKEY @ VARGHESE, S/O.SCARIA, AKKATHUMUNDEKKAL, KALLUPEDOM KARA, PARATHODU VILLAGE, IDUKKI DISTRICT. 2. SIRAJUDHEEN, S/O.ABDULKHADER, PURATHEKATTU HOUSE, NEDUMKANDOM KARA, KALKUNTHAL VILLAGE. BY ADV. MR.S.DILEEP (KALLAR) RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY PUBLIC PROSECUTOR MR.B.VINOD THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1713 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of August, 2009. J U D G M E N T This appeal is preferred against the order passed by the IV Addl. Sessions Judge, Adhoc-II, Thodupuzha in M.C.6/09 in S.C.115/06. The petitioners are the sureties to the accused. The accused stood charge sheeted for the offence u/s 308 and 326 r/w 34 IPC. As he did not appear, sureties were directed to produce the accused. It is submitted by the sureties that the accused had changed his residence to Suryanelli Forest and from where he was shifted to Tamil Nadu. It appears they were not able to produce him. It is submitted by them they did not do it deliberately and it was caused by reasons beyond their control. The court below has forfeited the bond amount and levied the penalty on the entire bond amount. It is seen that the appellants are only poor people and really they have not aided the accused to evade presence before court. Therefore considering the entire facts I am inclined to show leniency by reducing the penalty from Rs.25,000/- to R.7,000/-. Crl. Appeal NO. 1713 OF 2009 -:2:- 2. Therefore the Crl.Appeal is partly allowed and the penalty is reduced from Rs.25,000/- to Rs.7,000/- each and in default of realisation of the amount they are directed to undergo imprisonment in civil prison for a period of two months. If the amount is not paid on or before 30.9.2009 the lower court shall take steps for the realisation of the amount. The Crl.Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-