IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 2008 of 2005()
1. YOUSUF, S/O.MYTHEENKUNU,
... Petitioner
2. ASUMMA BEEVI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/06/2009
O R D E R
M.N. KRISHNAN, J.
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Crl. Appeal NO. 2008 OF 2005
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Dated this the 22nd day of June, 2009.
J U D G M E N T
This appeal is preferred against the imposition of penalty
in M.C.40/05 in S.C.1322/04 of the Addl. District and Sessions
Judge, Adhoc-I, Kollam. The appellants are the sureties to 3rd
accused and as they were not able to produce the accused the
bond was forfeited and there was a direction to pay Rs.7,000/-
as penalty. The learned counsel for the appellants pray for
leniency. It is submitted by him that there had been no
deliberate act on the part of the sureties to evade presence of
the accused before the court. It is also submitted that they
are financially not in a stable position. Taking into
consideration the submissions and after hearing the learned
Prosecutor as well, I feel justice can be met by reducing the
penalty amount from Rs.7,000/- to Rs.5,000/-.
In the result, the Crl.Appeal is partly allowed and the
appellants herein are directed to pay a penalty of Rs.5,000/-
each on or before 31.8.2009. If they fail to pay the amount
Crl. Appeal NO. 2008 OF 2005
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the lower court shall take steps for realization. If the amount
is not paid within the time stipulation they shall undergo
imprisonment in civil jail for a period of one month.
M.N. KRISHNAN, JUDGE.
ul/-