IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 CRL.A.No.11 of 2008 ( ) ---------------------------- AGAINST THE ORDER IN M.C. NO.63/07 IN SC.943/2005 OF ADDL. DIST. & SESSIONS JUDGE (ADHOC)III, KOLLAM. .................... APPELLANTS: APPELLANTS: --------------------------------- 1. YESODHARAN, VIJAYA BHAVAN, THAZHAVA, PAVUMBE THEKKU VILLAGE, PAVUMBE THEKKUM MURI, KARUNAGAPPALLY. 2. KARUMBAN, S/O. ADICHEN, PAVUMBE THEKKU VILLAGE, PAVUMBE THEKKUM MURI, BABU BHAVANATHIL, KARUNAGAPPALLY. BY ADV. SRI.A.AHZAR RESPONDENT/STATE: -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 11 of 2008 --------------------------- JUDGMENT This is an appeal filed under Section 449 of the Cr.P.C. Consequent on absconding of the accused, the appellants, who were the sureties, were issued with notice to show cause as to why the bond amount of Rs.25,000/- each should not be ordered to be paid by way penalty. Despite receipt of notice, they did not enter appearance or show any cause. It was in the said circumstances that the court below ordered the bond amount of Rs.25,000/- each being paid by way of penalty by the appellants, who were the sureties. 2. The only argument that is advanced before me by the learned counsel for the appellants is that the entire bond amount of Rs.25,000/- each was imposed as penalty against the sureties, who are only labourers and that the accused was absconding and going abroad without their knowledge. All these are statements which ought to have been made CRA 11/08 2 in the court below consequent on receipt of the notice issued under Section 446 of the Cr.P.C. However, taking a lenient view, I reduce the amount of penalty to Rs.7,500/- each giving remission of the balance portion of the bond amount. The appellants/sureties shall deposit Rs.7,500/- each by way of penalty in the court below positively within one month, failing which, the court below shall take appropriate steps for realisation of the said amount from the appellants. The appeal, thus, stands partly allowed. 2nd January, 2008 (K.P.Balachandran, Judge) tkv