IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 CRL.A.No. 2795 of 2008 -------------------------------- MC.8/2008 of ADDL. SESSIONS COURT, ALAPPUZHA ....................................... APPELLANT(S): RESPONDENTS: --------------------------------------------- 1. JOSEPH, S/O.THOMAS, 329, KOIPURATHU, EZHUMATTOOR, MALLAPPALLY. 2. O.P.SAJI, S/O.PARAMESWARAN, OTTAPLACKAL, EZHUMATTOOR, MALLAPPALLY. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2795 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of June, 2009. J U D G M E N T This appeal is preferred against the order in M.C.8/08 of the Addl. Sessions Judge, Alappuzha. The 5th accused in S.C.501/06 was released on the surety furnished by the present appellants. They executed a bond for Rs.25,000/- each. A5 did not enter appearance. Sureties were directed to produce him. They were not able to produce him and they also answered the notice by filing explanations. The court below imposed a penalty of Rs.10,000/- each and it is against that decision the present appeal is preferred. 2. Heard the learned counsel. The principal argument raised by the learned counsel for the appellant is the financial stringency of the appellants in this case. It is submitted that they are only ordinary workers who are in a financial crisis. It is also submitted that they had not colluded with the accused in evading his presence before court. At the time of admission itself this court had directed them to deposit Rs.5,000/- each Crl. Appeal NO. 2795 OF 2008 -:2:- and it has been deposited. Considering the fact that they have responded to the direction of the court to appear and that they have not helped the accused in evading the presence before the court and further that they are in a very poor financial circumstances, I am inclined to reduce the penalty from Rs.10,000/- to Rs.5,000/- which they have already deposited. Therefore the appeal is disposed of as follows. The appeal is partly allowed and the appellants herein are directed to pay a penalty of Rs.5,000/- each instead of Rs.10,000/-. Since they had already deposited the amount of Rs.5,000/- each, no further amount need be collected from them. The amount which is already in deposit shall be treated as the amount due as penalty. M.N. KRISHNAN, JUDGE. ul/-