IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 CRL.A.No. 21 of 2008 ----------------------------------- MC 23/2007 IN SC.710/2003 of ADDL. SESSIONS COURT (FT ADHOC-I), TRIVANDRUM .................... APPELLANT/COUNTER PETITIONER: LEELA, W/O DASUKUTTY, TC 5/1456-1, KAWDIAR WARD, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/STATE: STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 21 of 2008 --------------------------- JUDGMENT Heard the counsel for the appellant and the Public Prosecutor. 2. It is seen from the order of the court below that the warrant issued against the accused is returned, reporting that the third accused is in Gulf. It was, consequently, that proceedings were initiated against the sureties under Section 446 of the Cr.P.C. Out of the two sureties, only one surety, namely, the appellant, was available. The appellant, who appeared in the court below pursuant to receipt of notice, did not show any cause as to why the bond amount should not be realised from her by way of penalty. It was, therefore, that the court below ordered the bond amount being paid as penalty. 3. It is contended by the counsel for the appellant that the appellant was unable to produce the accused in view of his proceeding abroad; that CRA 21/08 2 therefore, a lenient view may be taken in the matter of imposing penalty and that the court below was not justified in imposing the entire bond amount as penalty without giving any remission. I am of the view that, in the circumstances of the case, the entire bond amount should not have been imposed as penalty on the appellant. In the result, I reduce the amount of penalty to Rs.2,500/-, allowing this appeal in part. 3rd January, 2008 (K.P.Balachandran, Judge) tkv