IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 CRL.A.No. 2708 of 2008 -------------------------------- AGAINST THE ORDER IN SC 573/2007 IN MC.80/2008 of IST ADDL.SESSIONS COURT, KOLLAM .......................................... APPELLANT(S): RESPONDENTS/SURETIES ----------------------------------------------------------- 1. VIJAYAN, S/O.RAMANKUTTY, KOLAKATTIL, PAYYACODE, KARUVARAKUNDU VILLAGE, MALAPPURAM DISTRICT. 2. SANTHOSH S/O.VELUKUTTY, PALAKAVIL VEEDU (FROM KEEDAKUZHIYIL VEEDU), PAYYACODE, KARUVARAKUNDU VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SMT. M.K. PUSHPALATH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.2708 OF 2008 ------------------------------ Dated this the 13th day of July, 2009 JUDGMENT This is an appeal preferred against the order in M.C.No.80/2008 in S.C.No.573/2007 of the Second Additional Sessions Judge, Kollam. The sureties were directed to produce the accused. They did not produce the accused and did not tender any explanation for the non-production. Therefore, the bonds were forfeited and they were directed to pay a penalty of Rs.25,000/= and in case of default, to undergo imprisonment in jail for a period of one month. It is against that decision, the appeal is preferred. 2. The learned counsel would submit that there was no deliberate act on the part of the sureties in not producing the accused. They have not facilitated the accused to evade his presence from the court. It is further submitted that they were in poor financial circumstances. 3. After hearing the learned counsel for the appellants and also the Public Prosecutor, I feel that the amount of 2 Rs.10,000/= which already deposited can be treated as sufficient penalty for the default they have committed. Therefore, the criminal appeal is disposed of in the following terms. It is partly allowed and the penalty is fixed to Rs.10,000/= each and the amounts already deposited by them as per the direction of this Court shall be credited to the Governmental account as penalty and they are exonerated from making rest of the payment on account of the reduction of the penalty. M.N. KRISHNAN, JUDGE cl 3 4