The court may reduce penalty amounts based on the financial condition of the sureties in bond forfeiture cases.

ORDER

The petitioners herein were proceeded against by the Judicial First Class Magistrate Court, Nilambur, in M.C.No.66/2005 under Section 446 (i) of the Code of Criminal Procedure , 1973, for realisation of the bond amount, pursuant to the forfeiture of the bail bond executed in C.C.No.250/2003 by that Court. The petitioners had stood as surety to accused No.5 in the aforesaid case. Since the above accused had absconded, they were called upon to produce the accused, and upon failure to do so, the Trial Court ordered the petitioners to remit an amount of Rs.7,500/- each out of the bond amount. In appeal, the learned Sessions Judge reduced the penalty amount to Rs.5,000/- each. The present revision is directed against the aforesaid order of the Appellate Court.

2. The learned counsel for the revision petitioners submitted that the first revision petitioner is no more. However, no application is seen filed for impleading the legal representatives of the first revision petitioner. Heard the learned counsel for the second revision petitioner, and the learned Public Prosecutor representing the State of Kerala.

3. The learned counsel for the petitioners pointed out that the second petitioner and the legal representatives of the first petitioner, are reeling under acute poverty, and are unable to mobilise the amount ordered by the Appellate Court. For the above reason, the learned counsel exhorted for showing leniency in fixing the penalty amount. Having regard to the facts and circumstances of the case, and the arguments advanced by the learned counsel for the petitioners, I deem it appropriate to reduce the penalty amount to Rs.2,500/- each, to be remitted by the petitioners.

In the result, the revision stands disposed of as follows:

1) While confirming the findings of the courts below, forfeiting the bond executed by the petitioners, and directing the payment of penalty, the penalty amount is reduced to Rs.2,500/- (Rupees Two Thousand Five Hundred) each.

2) The aforesaid penalty amount shall be remitted before the Trial Court within a period of 30 days from today.

3) If the first petitioner is not alive, the legal representatives of the first petitioner would be liable to remit the penalty amount of Rs.2,500/- (Rupees two thousand five hundred only), out of the assets which they inherited from the first petitioner.

4) In the event of failure to remit the aforesaid amount as directed in this order, the Trial Court shall initiate appropriate proceedings for realisation of the same.

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