IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1571 of 2009()
1. GOPINATHAN, S/O. KESAVAN,TOWNSHIP
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. RAJEEV @ RAJAN, S/O. RAJAN, T.C.41/1379
3. CHANDRAN,S/O. SUKUMARAN NADAR,
For Petitioner :SRI.K.HARILAL
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/08/2009
O R D E R
M.N. KRISHNAN, J.
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Crl. Appeal NO. 1571 OF 2009
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Dated this the 4th day of August, 2009.
J U D G M E N T
This appeal is preferred against the order passed by the
Addl. Sessions Judge, Fast Track Court-I, Thiruvananthapuram
in M.C.39/08 in S.C.186/05. The first respondent in the M.C.
was released on bail on execution of a bond for Rs.25,000/- by
the sureties who is the present appellant before me. As the
accused did not appear notice was issued to the sureties to
produce the accused. They failed to produce him. But I am
informed that later he was present before Court and was
released on bail. The Court forfeited the entire bond amount
and directed the sureties to pay some amount as penalty . It
is against that decision the sureties have come up with this
appeal.
2. The learned counsel would contend that there was
no deliberate intention for the sureties to help the accused to
evade his presence before Court. Learned also would contend
that they are not having strong financial position also and
therefore prays for maximum leniency.
Crl. Appeal NO. 1571 OF 2009
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3. I heard the learned Public Prosecutor also. As it
has turned out that the accused has appeared before Court
and later was released on bail I feel certain leniency can be
shown in the matter for the reasons stated in the previous
lines. I think justice can be met by reducing the penalty from
Rs.25,000/- to Rs.10,000/- of the appellant and the 3rd
counter petitioner in the M.C. is directed to pay the amount on
or before 31.10.2009 failing which he may have to undergo
imprisonment in civil prison for a period of six weeks.
The Crl.Appeal is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-