IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 CRL.A.No. 1571 of 2009 ------------------------------- AGAINST THE ORDER DATED 24/02/2009 IN MC.39/2008 IN SC.186/2005 of ADDL. SESSIONS COURT (FAST TRACK I), TRIVANDRUM .......................................... APPELLANT(S): APPELLANT/3RD COUNTER PETITIONER ---------------------------------------------------------------------------------- GOPINATHAN, S/O. KESAVAN, TOWNSHIP COLONY, V.P.7/301 (NEW NO.V.P. 2/317) OFFICE WARD, VIZHINJAM VILLAGE. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENT(S): PETITIONER & COUNTE PETITIONERS 1 & 2 ------------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJEEV @ RANJAN, S/O. RAJAN, T.C.41/1379 SANTHI BHAVAN, MANVILA, ATTIPRA VILLAGE. 3. CHANDRAN,S/O. SUKUMARAN NADAR, V.P. 9/438,LAKSHAM VEEDU, KALASEKHARAM WARD ,VATTIYOORKKAVU VILLAGE. PUBLIC PROSECUTOR SRI.C.M.NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1571 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of August, 2009. J U D G M E N T This appeal is preferred against the order passed by the Addl. Sessions Judge, Fast Track Court-I, Thiruvananthapuram in M.C.39/08 in S.C.186/05. The first respondent in the M.C. was released on bail on execution of a bond for Rs.25,000/- by the sureties who is the present appellant before me. As the accused did not appear notice was issued to the sureties to produce the accused. They failed to produce him. But I am informed that later he was present before Court and was released on bail. The Court forfeited the entire bond amount and directed the sureties to pay some amount as penalty . It is against that decision the sureties have come up with this appeal. 2. The learned counsel would contend that there was no deliberate intention for the sureties to help the accused to evade his presence before Court. Learned also would contend that they are not having strong financial position also and therefore prays for maximum leniency. Crl. Appeal NO. 1571 OF 2009 -:2:- 3. I heard the learned Public Prosecutor also. As it has turned out that the accused has appeared before Court and later was released on bail I feel certain leniency can be shown in the matter for the reasons stated in the previous lines. I think justice can be met by reducing the penalty from Rs.25,000/- to Rs.10,000/- of the appellant and the 3rd counter petitioner in the M.C. is directed to pay the amount on or before 31.10.2009 failing which he may have to undergo imprisonment in civil prison for a period of six weeks. The Crl.Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-