IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 CRL.A.No. 2405 of 2009() ------------------------ AGAINST THE ORDER DATED 03/01/2008 IN MC 44/07 IN SC.1650/2006 of ADDL. DISTRICT & SESSIONS COURT (ADHOC)-I, KOLLAM .................... APPELLANT/COUNTER PETITIONER NO.1: ------------------------------------------------------------- MANOHARAN, S/O.KOCHU KUNJU, THUNDUVILA VEEDU, WATER MUKAL, KOTTAVATTOM MURI, CHAKKUVARAKKAL VILLAGE, KOTTARAKARA TALUK, KOLLAM. BY ADV. MR. SYAM J SAM RESPONDENT/PETITIONER:- ----------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2405 of 2009 ------------------------------------------------------------ Dated this the 13th day of November, 2009. JUDGMENT The appellant was the accused in S.C. No. 1650 of 2006 on the file of the Additional District & Sessions Court (Adhoc)-I, Kollam. The bond amount was Rs.25,000/-. Consequent on the non-appearance of the appellant before the court below, proceedings were initiated against the appellant and sureties by registering M.C. No. 44 of 2007. As per the impugned order dated 03.01.2008, the court below imposed a sum of Rs.15,000/- as penalty and a distress warrant is issued against the appellant. It is the said order which is assailed in this appeal. 2. Having regard to the fact that the appellant has subsequently appeared before the court below and has been enlarged on bail on fresh sureties and that the appellant is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Crl. Appeal No. 2405 of 2009 : 2 : Rs.5000/- (Rupees five thousand only). The appellant shall deposit the reduced penalty before the court below within one month from today, if not already paid. This appeal is disposed of as above. Dated this the 13th day of November, 2009. V. RAMKUMAR, JUDGE. rv