IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 CRL.A.No. 1299 of 2009() ---------------------------------- MC.513/2008 IN SC.684/2006 of ADDL. SESSIONS COURT FAST TRACK NO.II (ADHOC), THRISSUR .................... APPELLANTS/CR. PETITIONERS ---------------------------------------------- 1. KODIYAN, S/O.THEVAN, MURIKKAMPURATH, KANJIRAPPILLY DESOM, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK. 2. SURESHKUMAR, S/O.RAMAN, KUNDANI HOUSE, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.KRISHNADAS P. NAIR MR.HARIDAS P.NAIR SMT.K.L.SREEKALA MR.M.A.VINOD RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1299 OF 2009 = = = = = = = = = = = = = = = Dated this the 6th day of July, 2009. J U D G M E N T This appeal is preferred against the order of Addl. Sessions Judge, Fast Tract court-II, Thrissur in M.C.513/08 in S.C.684/06. As per the order the learned Sessions Judge forfeited the bond of Rs.15,000/- and directed the amount to be recovered by revenue recovery. When the matter came up for the purpose of condoning the delay this court directed them to deposit an amount of Rs.7,500/- each as a condition precedent to condone the delay. Since they have deposited the amount the delay has been condoned. Now the learned counsel would argue that there was no deliberate attempt on the part of the sureties to help the accused to evade his presence before court. It is also submitted that they are poor labourers and are finding it very difficult to make their both ends meet. He pleads for leniency. After hearing the persuasive argument of the learned counsel I feel since they Crl.A. 1299 OF 2009 -2- have deposited Rs.7,500/- that will be sufficient and no further direction need to be given to deposit further amount. Therefore the appeal is partly allowed. The amount deposited as Rs.7,500/- as per the order of this Court shall be treated as fine and it can be credited to the account of the Government. No further amount need to be paid by the appellants in this case. The Crl. Appeal is disposed of as above. M.N. KRISHNAN, JUDGE. ul/-