IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 CRL.A.No. 1180 of 2010 ----------------------------------- (MC.9/2009 of 2009 IN S.C.NO.47/2007 OF THE ADDL DISTRCIT AND SEESIONS JUDGE (ADHOC-III), NORTH PARUR). .................... APPELLANTS: APPELLANT/COUNTER PETITIONER: ------------------------------------------------------------------------ 1. MAHIN, S/O.KUNJUMARAKKAR, PULIMOOTTIL HOUSE, KUNNATHERI KARA, ALUVA EAST VILLAGE. 2. HAMSA, S/O.PAREETH, MAMBILLY COLONY HOUSE, ERUMATHALA KARA, ALUVA EAST VILLAGE. BY ADV. SRI.M.Y.VARGHESEKUTTY RESPONDENTS: ---------------------- KERALA STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI B. JAYASURYA. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A No.1180 of 2010 ---------------------------------------- Dated the 25th day of June, 2010 JUDGMENT This appeal is at the instance of the sureties in S.C.No. 47/2007 of the court of Additional District and Sessions Judge (Adhoc-III), North Paravur challenging the order dated 18.11.2009 in M.C.No.9/2009 by which the trial court imposed a penalty of Rs.10,000/- against each of the appellants. 2. I find no illegality in the order impugned as the appellants failed to produce the accused for whom they stood as sureties. But subsequently, the accused was arrested on 25.2.2010 and he is now available for trial. Therefore according to me, while upholding the order imposing penalty against the appellants, the amount fixed in the impugned order can be modified. In the result, this appeal is disposed of modifying the penalty amount and each of the appellants is directed to pay a sum of Rs.5000/- and Rs.3000/- respectively. The CRL.A.1180/10 -:2:- learned counsel for the appellants submitted that each of the appellants has already deposited a sum of Rs.5000/- and 3,000/- respectively in terms of the order passed by this Court on 3.3.2010 and the same may be adjusted against the penalty amount. I find no reason to reject the said request. Accordingly, the trial court is directed to adjust the amount of Rs.8000/- deposited by the appellants as per receipt No.25 issued from the court below, against the total amount of Rs.8000/- as now fixed by this Court towards penalty. The coercive steps if any taken and pending against the appellants shall stand cancelled. This Crl.Appeal is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.A.1180/10 -:3:- O.P.No. JUDGMENT Dated:..