IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1747 of 2009()
1. MOOPANTAKATH ABDUL SATHAR,
... Petitioner
2. T.M.ASSAINAR KUTTY, S/O.POKKAR HAJI,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/08/2009
O R D E R
M.N.KRISHNAN, J.
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CRL.A.NO.1747 OF 2009
.............................................
Dated this the 24th day of August, 2009
J U D G M E N T
This is an appeal preferred against the order in
M.C.No.67/2009 in S.C.No.517/2007. As the accused was not
present, directions were given to the sureties to produce
the accused. They did not produce the accused nor did
tender any valid explanation. Therefore, the bonds were
forfeited and they were directed to pay penalty of
Rs.20,000/= each.
2. The learned counsel for the appellants would
contend that there was no deliberate avoidance of the court
and they had not helped the accused to evade the
presence from the court. It is also submitted that they are
in a poor financial circumstance and so leniency should be
shown.
3. After taking into consideration all the materials, I am
inclined to reduce the penalty to Rs.7,500/= in stead of
Rs.20,000/=. Therefore, the criminal appeal is partly
allowed and the penalty imposed is reduced from
: 2 :
CRL.A.NO.1747 OF 2009
Rs.20,000/= each to Rs.7,500/= each and if the amount
cannot be realised or deposited, then the appellants have
to undergo imprisonment in civil prison for six weeks.
M.N.KRISHNAN, JUDGE
cl
: 3 :
CRL.A.NO.1747 OF 2009