IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 CRL.A.No. 62 of 2008 ---------------------------------- SC.305/2007 of ADDL. SESSIONS COURT (ADHOC) III, KOLLAM .................... APPELLANTS: 1. SHAHUDEEN, S/O.MOHAMMED KUNJU, KARUDAYATHU VEETTIL, THODIYOOR VILLAGE, PULIYOOR VANCHI VADAKKU MURI. 2. MANZOOR, S/O.JALALUDEEN KUNJU, CHIRAKKADA PUTHEN VEEDU, THODIYOOR VILLAGE, PULIYOOR VANCHI VADAKKU MURI. BY ADV. SRI.A.AHZAR RESPONDENT: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 62 of 2008. --------------------------- JUDGMENT Heard. Public Prosecutor appears for the respondent State. 2. The appellants were sureties for the fourth accused in S.C.No.305/07 on the file of the Additional Sessions Court (Adhoc-III), Kollam. When the case stood posted for trial, the fourth accused absconded so as to disable the court from proceeding with trial of the case. Thus, the bond executed by the appellant stood forfeited and notice under Section 446 of the Cr.P.C. was issued. Consequently, the appellants entered appearance and submitted that the fourth accused had gone abroad. When the accused, who is enlarged on bail on undertaking by the appellants to produce him as per the terms of a bond, so as to have his presence for trial of the case, it is no excuse to say that he has gone abroad, as rightly found by the court below. The bond stood forfeited and the explanation CRA 62/08 2 offered by the appellants/sureties was not sufficient to exonerate them from the liability. It is urged by the counsel for the appellant that imposition of the entire bond amount as penalty is not justified, as the sureties are not capable of making payment of so much amount and that remission should have been given at least of a portion of the amount. The bond amount was for Rs.15,000/- each. Imposition of the said amount is, no doubt, harsh and excessive. In the result, allowing this appeal in part, I reduce the amount of penalty to Rs.7,000/- each payable by the appellants giving remission to the balance amount of the bond. They shall make payment of the amount as aforesaid positively within one month from today. In case of failure, the court below shall take steps to effect recovery of the amount of penalty from the appellants. 9th January, 2008 (K.P.Balachandran, Judge) tkv