IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 CRL.A.No. 1006 of 2008() ------------------------ MC.1518/2007 of SESSIONS COURT, THALASSERY .................... APPELLANTS/APPELLANTS/RESPONDENTS: ------------------------------------- 1. PALLIPRATH PRAKASAN, S/O.NARAYANAN NAIR, AGED 41 YEARS,PALLIPRATH HOUSE CHIRAKKAL AMSOM, PUZHATHI DESOM, KANNUR-1. 2. C. KRISHNAN, S/O. KUNHAMBU, AGED 50 YEARS, CHEVIDAN HOUSE, KALLIASSERY AMSOM, MANGAD DESOM, KANNUR DESOM. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT/ COMPLAINANT: --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI. AMJETH ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRL.A.No.1006 OF 2008-A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 JUDGMENT Appellants stood as sureties for accused No.9 in S.C.No.843/2006 on the file of the Sessions Court, Thalassery. Appellants had executed bond for Rs.25,000/= each when accused No.9 was bailed out. But, since accused No.9 failed to appear before the court, proceedings were initiated against the appellants and their bail bonds were cancelled. They were directed to pay Rs.10,000/= each as penalty. 2. When this appeal came up for consideration, it was reported by learned counsel for the appellants that accused No.9 would surrender before the court below, if some reasonable time was granted. Today when the appeal came up again for consideration, it is brought to my notice that accused No.9 had in fact surrendered before the trial court and he has been granted bail on December 11, 2008. 3. Learned counsel for the appellants submits that there was no willful laches on the part of the appellants. Accused No.9 could not appear because of circumstances beyond his control and the appellants were also similarly handicapped in producing the accused in time. He therefore prays that a lenient view may be taken. 4. In the peculiar facts and circumstances of the case, I am satisfied that ends of justice will be met if the appellants are directed to pay penalty of Rs.3,000/= each. Therefore, the 2 Crl.A.No.1006/2008 order passed by the court below is modified to the above extent. 5. Appellants shall pay the penalty of Rs.3,000/= each within two weeks from the date of receipt of a copy of this judgment. The amount, if any deposited by the appellants towards penalty as directed by this Court shall be given credit while making the above payment. The appeal is disposed of in the above terms. (A.K.BASHEER, JUDGE) cl