IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1269 of 2009()
1. MOHANDAS, S/O.PRABHAKARAN,
... Petitioner
Vs
1. STATE REPRESENTED BY S I OF POLICE,
... Respondent
2. DISTRICT COLLECTOR, THRISSUR.
3. VILLAGE OFFICER, THALIKULAM,
For Petitioner :SRI.K.A.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/07/2009
O R D E R
M.N. KRISHNAN, J.
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Crl. Appeal NOs. 1269, 1270,
1271 and 1272 OF 2009
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Dated this the 1st day of July, 2009.
J U D G M E N T
These appeals are preferred by one Mohandas who
happens to be the surety for certain accused in S.C.720/04.
He was directed to produce the accused in all these cases but
he could not and therefore the bond was forfeited and he was
directed to pay Rs.7,500/- each towards the bond amount in
all these cases. There was also a direction to recover the
amount u/s 421 Cr.P.C. The learned counsel for the appellant
in all these cases would submit that though his client tried his
level best he could not produce the accused and there was no
deliberate intention to help the accused to evade presence
before the Court. It is also submitted that he is under poor
financial circumstances and the subsequent submissions would
reveal that two of the accused had surrendered before Court.
But when a person undertakes to produce the accused by
executing a bond there is a legal as well as moral obligation
Crl. Appeal NOs. 1269, 1270,
1271 and 1272 OF 2009
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for him to do so. But the conduct of the appellant would show
that he was not totally recalcitrant. His financial situation is
also poor. Therefore taking into consideration all these
aspects I am inclined to reduce the penalty amount from
Rs.7,500/-to Rs.4,000/- in each of the cases. Therefore the
appeals are disposed of as follows.
The appellant in all these cases is directed to pay a
penalty of Rs.4,000/- each in all the cases and in default to
undergo imprisonment in civil prison for six weeks. If the
amount is not paid on or before 20.8.09 steps shall be taken
to imprison him and then recover the amount as well as
provided under S.421 Cr.P.C.
M.N. KRISHNAN, JUDGE.
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