IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 CRL.A.No. 1744 of 2009() ------------------------ AGAINST THE ORDER DATED 16.6.2009 IN MC 27/09 IN SC.517/2007 of ADDL.SESSIONS JUDGE (ADHOC-II), KASARAGOD .................... APPELLANTS: COUNTER PETITIONERS --------------------------------- 1. OTTATHAYYIL HASEENA, W/O.AHAMMED SHAREE, AGED 25 YEARS, RESIDING AT POOCHAL NORTH THRIKARIPUR, P.O.THRIKARIPUR, KASARAGOD DISTRICT. 2. O.T.SUBAIDA, W/O.UMMER, AGED 47 YEARS, POOCHAL NORTH TRIKARIPUR, KASARAGOD DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT: STATE -------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT. M.K. PUSHPALATHA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... CRL.A.NO.1744 OF 2009 ............................................. Dated this the 24th day of August, 2009 J U D G M E N T This is an appeal preferred against the order passed in M.C.No.27/2009 in S.C.No.517/2007. The accused did not appear and the sureties were directed to produce him and given notice. They did not file any explanation. Therefore, the court forfeited the bonds and imposed penalty of Rs.20,000/= each and if the amount could not be realised from them, they shall undergo S.I for three months in civil prison. It is against that decision, the appeal is preferred. 2. The learned counsel would contend that there was no deliberate avoidance of the court by the sureties and they had not helped the accused to evade the presence before the court. It is also submitted that they are in a poor financial circumstance and therefore leniency should be shown. 3. After taking into consideration all the materials available, I hold that some leniency can be shown. : 2 : CRL.A.NO.1744 OF 2009 Therefore, I reduce the penalty amount from Rs.20,000/= each to Rs.7,500/= each. In the result the criminal appeal is partly allowed and the penalty imposed is reduced to Rs,7,500/= each in stead of Rs.20,000/= each. If the amount cannot be realised or is not deposited, the appellants have to undergo imprisonment in civil prison for six weeks. M.N.KRISHNAN, JUDGE cl : 3 : CRL.A.NO.1744 OF 2009