IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 CRL.A.No. 1924 of 2009() ------------------------ SC.178/2007 of ADDL. SESSIONS COURT (ADHOC-I), KOLLAM .................... APPELLANT/COUNTER PETITIONER/2ND ACCUSED:- ---------------------------------------------------------- SANTHOSH, S/O.BABU, KALLUVILA VEEDU, CHIRAKKARATHAZHAM CHERRY, CHIRAKKARA VILLAGE, KOLLAM. BY ADV. MR. SHABU SREEDHARAN RESPONDENT/PETITIONER/COMPLAINANT:- ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 1924 of 2009 ------------------------------------------------------------ Dated this the 18th day of September, 2009. JUDGMENT Heard both sides. 2. The appellant was the 2nd accused in S.C. No. 178 of 2007 on the file of the Additional Sessions Court (Adhoc-I), Kollam which was a prosecution for an offence punishable under Section 308 IPC. 3. The bond amount was Rs.20,000/-. Consequent on the non-appearance of the appellant before the court below, proceedings were initiated against the appellant and his two sureties under Section 446 Cr.P.C by registering M.C. No. 56 of 2008. According to the appellant who is the sole bread winner of the family, was abroad in Muscat in search of his employment and that was the reason for his non- appearance before the court below. The court below did not accept the explanation and imposed the entire bond amount as penalty. Hence this appeal. Crl. Appeal No. 1924/2009 : 2 : 4. Now that the petitioner has come back from abroad and is willing to surrender before the court below, I am inclined to reduce the penalty to Rs.10,000/-. Accordingly, the impugned order is modified reducing the penalty payable by the appellant to Rs.10,000/- (Rupees ten thousand only). The appellant shall remit the reduced amount of penalty within one month from today. He shall also appear before the court below on 05.10.2009 without any further notice. In case the appellant does not appear before the court below as directed above, this judgment shall be reviewed by recourse to Section 482 Cr.P.C. This appeal is disposed of as above. Dated this the 18th day of September, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 1924/2009 : 3 :