IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 CRL.A.No. 1578 of 2008() ------------------------ AGAINST THE ORDER DATED 30/05/2008 IN MC 81/07 IN SC.178/2007 of ADDL. SESSIONS COURT (ADHOC), KOLLAM .................... APPELLANT: COUNTER PETITIONERS 2 TO 3 ------------------------------------- 1. GOVINDAN, S/O.KUNJUKUNJU, CHARUVILA VEEDU, CHIRAKKARATHAZHAM, CHIRAKKARA VILLAGE, KOLLAM DISTRICT. 2. GOPALAN, S/O.KUNJURAMAN, CHARUVILA VEEDU, CHIRAKKARATHAZHAM, CHIRAKKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 1578 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 JUDGMENT The appellants were sureties for the 9th accused in a pending sessions case, wherein the offences alleged included the one punishable under Section 308 r/w. 149 I.P.C. The said accused, who was enlarged on bail on his execution of a bond for Rs.20,000/- with the appellants herein as sureties, did not appear before the learned Sessions Judge and this obliged the learned Sessions Judge to initiate proceedings under Section 446 Cr.P.C. Forfeiture was recorded. Notice to show cause was issued . No cause was shown. The learned Sessions Judge in these circumstances proceeded to pass the impugned order obliging the appellants to pay an amount of Rs.5,000/- each as penalty. The appellants claim to be aggrieved by that order. 2. In response to a specific query the learned counsel for the appellants submits that they have not been able so far to make the accused person available for trial before the Sessions Crl.A.No. 1578 of 2008 2 Court. In these circumstances leniency is prayed for. The counsel prays that at any rate, some further time for making the payment may be granted. 3. I am not persuaded to agree that any further leniency deserves to be granted. The appellants knew very well that they were offering themselves as sureties for an accused, who faces allegations under Section 308 I.P.C. The accused has not been made available even now and it is fairly conceded before court that the appellants are unable to ensure that the accused complies with the condition of bond. There is no space for further leniency. Maximum leniency has already been shown. The bond is for an amount of Rs.20,000/- But the penalty imposed is only Rs.5,000/- each. 4. This appeal is dismissed. I grant the appellants one months time to pay the amount. Coercive steps for recovery of the amount shall commence only after the elapse of the period of one month. (R. BASANT) Judge tm Crl.A.No. 1578 of 2008 3