IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 CRL.A.No. 1804 of 2009() ------------------------ MC.NO.5/2009 IN SC.718/03 OF ADDL. SESSIONS JUDGE, FAST TRACK (ADHOC) NO.1, THIRUVANANTHAPURAM APPELLANTS: COUNTER PETITIONERS --------------------------------------------- 1. NIZAMUDEEN, S/O.MUHAMMED KANNU, FIRDOUS MANZIL, THALAYIL DESOM, ATHIYANNOOR VILLAGE. 2. BADHARUDEEN, S/O.ABDUL RAHMAN, HOUSE NO.194, PALLIVILAKAM, PARUTHI PALLI, KUTTICHAL VILLAGE. BY ADV. SRI.M.SREEKUMAR RESPONDENT/PETITIONER ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI. C.M. NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2009 ALONG WITH CRL.A.NO.1805/2009 & OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... CRL.A.NOs.1804,1805,1806, 1807 &1808 OF 2009 ............................................. Dated this the 26th day of August, 2009 J U D G M E N T These appeals are preferred by the sureties to the accused five in numbers in S.C.No.718/2003 of the Additional Sessions Judge, Fast Track(Adhoc)No-II, Trivandrum. The five accused to whom the same persons stood as sureties did not appear before the court and therefore they were directed to produce the accused or give explanation. They did not tender any valid explanation nor did they produce the accused before the court. They had executed a bond for Rs.25,000/= each in all cases and therefore the court after hearing them reduced the penalty to Rs.15,000/= and it is against that order, the appellants have come up in appeal before this Court. 2. Heard the learned counsel for the appellants as well as the Prosecutor. There is a duty cast upon the sureties to comply with the undertaking given by them in the bond. It is submitted by the learned counsel that it was on account of the reasons beyond their control, they are : 2 : CRL.A.NOs.1804,1805,1806, 1807 &1808 OF 2009 not in a position to produce the accused. It is also submitted that their financial position is not so much to pay the consolidated sum of Rs.75,000/= in all the cases together. After hearing the learned counsel, I feel that they have not aided the accused to evade the presence before the court and that their financial circumstances are not very strong. So, taking into consideration these aspects, I reduce the penalty amount from Rs.15,000/= each to Rs.7,500/= each in all the cases. If the amount could not be realised, they are directed to undergo imprisonment in civil prison for a period of two months. Proceedings to realise the amount shall be taken if the amount is not paid on or before 30.11.2009. M.N.KRISHNAN, JUDGE cl : 3 : CRL.A.NOs.1804,1805,1806, 1807 &1808 OF 2009