IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 CRL.A.No. 1657 of 2009() ----------------------------------- AGAINST THE ORDER DATED 20/06/2009 IN MC.66/2006 IN SC.571/2005 of ADDL. DIST. & SESSIONS COURT (ADHOC-III), KASARAGODE .................... APPELLANT/SURETY ------------------------------ NABEESA, W/O.ABDUL AZEEZ, AGED 48 YEARS, MAINA MANZIL, MASJID ROAD, THALANGARA VILLAGE, KASARAGOD. BY ADV. MR.S.JIJI RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1657 OF 2009 ------------------------------ Dated this the 13th day of August, 2009 JUDGMENT This is an appeal preferred against the order of the Additional Sessions Judge Adhoc-III), Kasaragod in M.C.No.66/2006 in S.C.No.571/2005. The second respondent in M.C.No.66/2006 is the appellant before me. She stood as a surety along with the first respondent in the M.C and the accused was released on executing bonds for Rs.25,000/= by the sureties as well. The accused did not appear before the court and coercive steps were taken. The sureties were also given notice and they were directed to produce the accused. They did not produce the accused nor did they give any explanation also for the same. Therefore, the court below forfeited the bonds and ordered recovery of Rs.25,000/= as penalty and in case of non realisation, to undergo imprisonment in civil prison for a period of two months. It is against that decision, the appellant has come up in appeal. 2. The learned counsel for the appellant very strongly contends before me that the present appellant is a house CRL.A.NO.1657/09 2 wife without any resource and it was under the peculiar circumstances, she was made to stand as surety. She did not have any intention to help the accused to evade his presence before the court. It is also submitted that there is no financial stability for her. Taking into consideration all these aspects, I am inclined to reduce the penalty imposed on the present appellant to Rs.7,000/= from Rs.25,000/= 3. In the result, the criminal appeal is disposed of as follows: The order of the learned Sessions Judge imposing penalty of Rs.25,000/= is modified and it is reduced to Rs.7,000/= and the present appellant is directed to pay the same on or before 31.10.2009 failing which she has to undergo imprisonment in civil prison for a period of six weeks. M.N. KRISHNAN, JUDGE cl CRL.A.NO.1657/09 2