IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 CRL.A.No. 1269 of 2009() -------------------------------------- AGAINST THE ORDER DATED 23/06/2008 IN MC 728/2008 IN SC.720/2004 of ADDL. SESSIONS COURT (ADHOC-II), THRISSUR .................... APPELLANT(S): ------------------------ MOHANDAS, S/O.PRABHAKARAN, THAIVALAPPIL, THALIKULAM, THRISSUR. BY ADV.MR.K.A.SREEJITH RESPONDENT(S): -------------------------- 1. STATE REPRESENTED BY S I OF POLICE, VALAPAD REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DISTRICT COLLECTOR, THRISSUR. 3. VILLAGE OFFICER, THALIKULAM, CHAVAKKAD. BY PUBLIC PROSECUTOR MR.THOMAS JOHN AMBOOKEN THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 01/07/2009, ALONG WITH CRA. NO.1270/2009, 1271/2009 AND 1272/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NOs. 1269, 1270, 1271 and 1272 OF 2009 = = = = = = = = = = = = = = = Dated this the 1st day of July, 2009. J U D G M E N T These appeals are preferred by one Mohandas who happens to be the surety for certain accused in S.C.720/04. He was directed to produce the accused in all these cases but he could not and therefore the bond was forfeited and he was directed to pay Rs.7,500/- each towards the bond amount in all these cases. There was also a direction to recover the amount u/s 421 Cr.P.C. The learned counsel for the appellant in all these cases would submit that though his client tried his level best he could not produce the accused and there was no deliberate intention to help the accused to evade presence before the Court. It is also submitted that he is under poor financial circumstances and the subsequent submissions would reveal that two of the accused had surrendered before Court. But when a person undertakes to produce the accused by executing a bond there is a legal as well as moral obligation Crl. Appeal NOs. 1269, 1270, 1271 and 1272 OF 2009 -2- for him to do so. But the conduct of the appellant would show that he was not totally recalcitrant. His financial situation is also poor. Therefore taking into consideration all these aspects I am inclined to reduce the penalty amount from Rs.7,500/-to Rs.4,000/- in each of the cases. Therefore the appeals are disposed of as follows. The appellant in all these cases is directed to pay a penalty of Rs.4,000/- each in all the cases and in default to undergo imprisonment in civil prison for six weeks. If the amount is not paid on or before 20.8.09 steps shall be taken to imprison him and then recover the amount as well as provided under S.421 Cr.P.C. M.N. KRISHNAN, JUDGE. ul/-