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. 1747 of 2009() ------------------------ AGAINST THE ORDER DATED 16/06/2009 IN MC-67/2009 IN SC.517/2007 of ADDL. SESSIONS JUDGE (ADHOC-II), KASARAGOD .................... APPELLANTS): COUNTER PETITIONERS --------------------------------- 1. MOOPANTAKATH ABDUL SATHAR, S/O.IBRAHIM HAJI, AGED 38 YEARS, RESIDING AT POOCHOL, NORTH TRIKARIPUR VILLAGE, PO THRIKARIPUR, KASARAGOD DT. 2. T.M.ASSAINAR KUTTY, S/O.POKKAR HAJI, AGED 54 YEARS, RESIDING AT THANKAYAM, NORTH TRIKARIPUR, TRIKARIPUR VILLAGE, KASARAGOD DT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.C.M. NAZAR 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.1747 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 in M.C.No.67/2009 in S.C.No.517/2007. As the accused was not present, directions were given to the sureties to produce the accused. They did not produce the accused nor did tender any valid explanation. Therefore, the bonds were forfeited and they were directed to pay penalty of Rs.20,000/= each. 2. The learned counsel for the appellants would contend that there was no deliberate avoidance of the court and they had not helped the accused to evade the presence from the court. It is also submitted that they are in a poor financial circumstance and so leniency should be shown. 3. After taking into consideration all the materials, I am inclined to reduce the penalty to Rs.7,500/= in stead of Rs.20,000/=. Therefore, the criminal appeal is partly allowed and the penalty imposed is reduced from : 2 : CRL.A.NO.1747 OF 2009 Rs.20,000/= each to Rs.7,500/= each and if the amount cannot be realised or deposited, then the appellants have to undergo imprisonment in civil prison for six weeks. M.N.KRISHNAN, JUDGE cl : 3 : CRL.A.NO.1747 OF 2009