IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1570 of 2009()
1. K. ABDULLA, S/O. ABDUL RAHIMAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.SOJAN MICHEAL
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. 1570 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 by the first counter petitioner
against the order in M.C.18/07 who along with the 2nd counter
petitioner in the M.C. had stood as surety for the first accused
in S.C.322/06. As the accused did not enter appearance,
sureties were directed to produce him. They failed to produce
and therefore the bond was forfeited and they were directed to
pay a penalty of Rs.20,000/- each. It is against that decision
the first counter petitioner in the M.C. has come up in appeal.
2. Heard the learned counsel for the appellant as well
as the Prosecutor. It is submitted by the learned counsel for
the appellant that there was no intentional or deliberate
conduct on the part of the sureties to help the accused to
evade his presence before Court. It is also contended that
they are under poor financial circumstances and therefore
leniency may be shown. After hearing both the sides I feel
some leniency can be shown whereby reducing the penalty
Crl. Appeal NO. 1570 OF 2009
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amount with respect to the first counter petitioner/appellant
from Rs.20,000/- to Rs.10,000/-.
3. In the result, Crl.Appeal is partly allowed and the
appellant herein is directed to pay a penalty of Rs.10,000/-
instead of Rs.20,000/- on or before 31.10.2009 and in case of
default to undergo imprisonment in civil prison for two
months.
The Crl.Appeal is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-