IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 CRL.A.No. 1153 of 2005() ---------------------------------- SC.1322/2004 of ADDL. SESSIONS COURT-I (ADHOC), KOLLAM .................... APPELLANTS/COUNTER PETITIONERS 2 & 3 ---------------------------------------------------------------- 1. ABDUL AZEEZ, S/O.SULTHAN KUNJU, ANSAR MANZILIL, ERAM, ANCHAL, KOLLAM DISTRICT. 2. SAINULABDEEN, S/O.SULTHAN KUNJU, KALILAZHIKATH HOUSE, ERAM, ANCHAL, KOLLAM DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1153 OF 2005 = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2009. J U D G M E N T This appeal is preferred against the order of the Addl. District and Sessions Judge, Kollam in M.C.8/05 of S.C.1322/04. The appellants are the two sureties for the 7th accused in the case. It is a case involving an offence u/s 302 IPC. Though the first surety appeared did not render any explanation and the 2nd surety did not appear at all and therefore the court was forced to forfeit the bond and ordered payment of penalty of Rs.25,000/-. It is against that decision the appeal is preferred. 2. Heard the learned counsel for the appellants. It is submitted by him that there was no deliberate avoidance of the Court and that the sureties are in a very bad financial state and so leniency should be shown. Taking into consideration these representations, I am inclined to show some leniency and therefore I modify the penalty amount to Rs.10,000/- each from Rs.25,000/- each. Crl. Appeal NO. 1153 OF 2005 -:2:- In the result, the Crl.Appeal is partly allowed and the penalty is modified as Rs.10,000/- each. If the amount is not paid on or before 31.8.2009 I direct the Court below to proceed for realization of the amount. They are directed to undergo simple imprisonment in civil jail for a period of one month in default of payment of the penalty. M.N. KRISHNAN, JUDGE. ul/-0