This appeal is instituted under Section 449 of the Cr.P.C. to impugn the order dated 3.7.2014 of the Sessions Court-I, Kasargod, rendered in M.C.No.55/2014 in S.C.No.1134/2012 [arising out of Crime No. 34/2009 of Badiadka Police Station, Kasargod]. Each of the two appellants stood as sureties to the accused in S.C.No.1134/2012 on the file of the Additional Sessions Court-I, Kasargod. The accused concerned, for whom the appellants stood sureties, after release on bail is said to have gone initially to Mumbai and Gulf country later, for employment and it is stated that he had promised the appellants that he has already informed the respondent-Police authorities about the change of address and that he will be available before the court below concerned on the next hearing date etc. It is the case of the appellants that initially the accused was in Mumbai and it is now learnt that he has subsequently gone to a Gulf country for employment. As the accused was not available, the court below proceeded against the appellants herein, who stood as sureties to the said accused. The appellants presented themselves before the court below and they were questioned and they expressed that it is impossible to produce the accused, who was then in Mumbai and despite best efforts, they could not trace him. It is in the conspectus of these facts and circumstances that the court below, by the impugned order rendered in M.C.No.55/2014 in the above said Sessions Court on 3.7.2014 has ordered that the bail bond amount stands forfeited and imposed a penalty of Rs. 25,000/- each and that the balance amount is remitted and further that defaulter shall undergo simple imprisonment for four months in civil prison. It is this order of the court below in the above M.C. No.55/2014 that is impugned in this appeal. 2. Heard Smt.Govindu.P.Renuka, the learned counsel appearing for the appellants and the learned Public Prosecutor appearing for respondent-State of Kerala.
3. Smt.Govindu.P.Renuka, the learned counsel for the appellants would submit that the appellants are getting some meagre income by doing coolie work and looking after menial agricultural related works and that it is impossible for them to pay the penalty of Rs. 25,000/- each as directed in the impugned order and that as they cannot pay such huge amount, to mulct them with further liability to undergo simple imprisonment for four months in civil prison for such default, would be disproportionate, unfair and unjust.
4. The learned counsel for the appellants would further submit that this Court had passed order dated 26.8.2014 in Crl.M.A.No. 5445/2014 in this Crl.Appeal suspending the impugned order. The said order reads as follows:-
“Interim stay on condition of depositing a sum of Rs. 10,000/- towards the penalty amount in the trial court, within one month from today. The petitioner is (sic) is directed to produce the receipt showing the remittance as directed above, within one week from the date of remittance of the amount before this Court.
Post after ten days”
Pursuant to this order, the appellants have filed memo dated 30.10.2014 producing receipt issued by the Senior Superintendent, District Court, Kasargod, evidencing depositing of Rs. 10,000/- in compliance with the above said stay order passed by this Court in this appeal. Accordingly, the learned counsel for the appellants would submit that as the appellants have no other means to make further payment, this Court may confine the penalty amount to both the appellants, totaling to the above said amount of Rs.10,000/-, which has been deposited, or in the alternative, reduce the total penalty amount to a reasonable and just manner, giving sufficient time to the appellants to make such payment of penalty amount. The learned counsel for the appellants would further submit Sec.
446 (3) Cr.P.C. empowers the court to remit any portion of the penalty amount and enforce payment of any part only etc.
5. Having considered the facts and circumstances emerging in this case this Court is convinced that the penalty amount could be suitably reduced, in the interest of justice. Accordingly, it is ordered that appellants shall pay a total amount of Rs. 15,000/- (rupees fifteen thousand only) each. The aforementioned total amount of Rs. 10,000/- already deposited before the court below pursuant to the order dated 26.8.2014, will also be reckoned against the aforementioned amount now ordered and the result would be that the appellants will pay a further amount of Rs. 5,000/- (rupees five thousand only) each before the court below. The above said further amount of Rs. 5,000/- each must be paid by each of the appellants on or before 31.12.2014. If the appellants do not pay the above said amount of Rs. 5,000/- each on or before 31.12.2014, then the court below will be at liberty to take recourse to appropriate recovery proceedings to realise the said amount.
With these observations and directions, the impugned judgment will stand modified and the appeal stands allowed as indicated above.
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sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge