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. 1355 of 2009 -------------------------------- SC.2208/2006 of ADDL.SESSIONS COURT (ADHOC)-IV, TRIVANDRUM ........................................... APPELLANT(S)/RESPONDENTS 1 AND 2 IN MC NO. 1/2009: ----------------------------------------------------------------------------------- 1. SHAKKELA BEEVI, W/O. ABU, T.C.46/875(A) MANIKAVILAKOM LANE, POONTHURA TRIVANDRUM. 2. ABIDA VEEVI, W/O. SALIM, TC.46/875 (1) MANIKAVILAKOM LANE, POONTHURA, TRIVANDRUM. BY ADV. SRI.G.P.SHINOD RESPONDENT(S)/PETITIONER IN MC NO. 1/2009 -------------------------------------------------------------------- STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECTOR SRI. C.M.NAZAR 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.1355 OF 2009 ------------------------------ Dated this the 13th day of July, 2009 JUDGMENT This is an appeal preferred against the order passed by the Additional Sessions Judge, Fast Track (Adhoc) No.IV, Trivandrum in M.C.No.1/2009 in S.C.No.2208/2006. The appellants were sureties for accused No.3 in the case and in spite of notice, they did not produce the accused. They did not tender any valid explanation also. Therefore, the court was forced to forfeit the entire bond amount of Rs.10,000/= and directed it as penalty to each. Distress warrant was also ordered to be issued. 2. After hearing the learned counsel for the appellants and the Public Prosecutor, I feel, the matter can be disposed of by reducing the penalty for the reason that the accused was away at Bomaby and the appellants had not colluded with him to evade his presence before the court. The learned counsel submits about the poor financial circumstance of the appellants. 2 CRL.A.NO.1355/09 Therefore, the criminal appeal is partly allowed and the penalty amount is reduced from Rs.10,000/= to Rs.5,000/= each, which they shall deposit on or before 30.9.2009, failing which the trial court shall issue distress warrant for the realisation of the same. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.1355/09 4 CRL.A.NO.1355/09