IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 CRL.A.No. 1060 of 2007 -------------------------------------- SC.88/1997 of I ADDL. SESSIONS COURT, KOLLAM .................... APPELLANTS/COUNTER PETITIONERS 1 & 2: 1. UTHAMAN, S/O SADASIVAN, CHAKKITTU KUNNIL VEEDU, ERATHU KULAKKADA MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK. 2. VASUDEVAN, S/O NARAYANAN, CHARUVILA PAIDNJATTATHIL, KULAKKADA KIZHAKKE, KOTTARAKKARA. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT/PETITIONER: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.T.J.AMBOOKEN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 1060 of 2007 --------------------------- JUDGMENT Public Prosecutor appeared for the respondent State. Surrender Certificate has been produced to show that the accused in S.C.No.88/97 on the file of the I Additional Sessions Court, Kollam has surrendered on 2.3.2007 and he was sent to Central Prison, Thiruvananthapuram as per judgment of this Court in Crl.A.No.673/99. 2. It was, long back, on 30.10.2006 that the order under appeal has been passed against the appellants, who were the sureties of the accused. Despite service of notice, they have not entered appearance or shown any cause as to why the bond amount should not be realised from them by way of penalty. It was, therefore, that the court below has imposed the entire bond amount of Rs.25,000/- each to be realised from the appellants by way of penalty. It is true, technically, the order of the court below is sustainable, as despite receipt of CRA 1060/07 2 notice under Section 446 Cr.P.C. the appellants, who were the sureties, have not responded to show any cause. Imposition of the entire bond amount of Rs.25,000/- each as penalty on the appellants is, however, highly excessive. In the result, allowing this appeal in part, I reduce the amount of penalty to Rs.7,500/- each, giving remission for the balance amount of the bond. The amount shall be deposited by the appellants in the court below positively within one month. In case of failure, the court below shall take steps for realisation of the amount of penalty from the appellants. 21st January, 2008 (K.P.Balachandran, Judge) tkv