The court can reduce penalties when circumstances warrant, despite legal justification for their imposition.

JUDGMENT

This is an appeal against an order dated 22.09.2025 in M.C.No.22/2025 in S.C.No.46/2024 on the files of the Additional Sessions Court-III, Thodupuzha, imposing penalty on the appellants.

2. Applicants were the sureties to the 4^th accused in S.C.No.46/2024 on the files of the Additional Sessions Court-III, Thodupuzha. After taking bail, the 4^th accused absconded and despite notices to the sureties to produce the accused, they failed to do so. Thereafter, the learned Sessions Judge, by the impugned order, imposed a penalty of Rs.25,000/- each, on the applicants, after finding that they had failed to produce the accused before the trial court within the stipulated time.

3. I have heard the learned counsel for the appellants as well as the learned Public Prosecutor.

4. The appellants stood as sureties to an accused. After the accused absconded, the sureties were asked to produce him, but they failed to do so. Hence, proceedings were initiated against them and penalty of Rs.25,000/- was imposed on each of the appellants.

5. I am satisfied that the penalty imposed is legally justified as appellants failed to produce the accused. However, the quantum of the penalty is on the higher side, since, the 4^th accused is stated to have surrendered before Court and has already been released on bail.

In view of the above, while confirming the order of penalty imposed on the applicants, the quantum of penalty is reduced to Rs.7,500/- payable within a period of one month. Ordered accordingly. If in case the applicants fail to pay the amount of penalty as directed within the stipulated time, they shall suffer simple imprisonment for a further period of two months.

This appeal is allowed in part.