IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 CRL.A.No.462 of 2008(C) ----------------------------- AGAINST THE ORDER DATED 28/11/2006 IN M.C.3254/2006 IN SC.261/2006 of ADDL. SESSIONS COURT (ADHOC-II), THRISSUR .................... APPELLANTS/RESPONDENTS: ---------------------------------- 1. SURESH BABU, S/O.PERINGADAN VELAYUDHAN, YAMAVALAPPIL HOUSE, MUKUNDAPURAM TALUK, KODAKARA VILLAGE, KANAKAMALA DESOM. 2. CHATHAN @ CHATHANKUTTY, S/O.VAYARONI, POTTENCHIRA HOUSE, KANAKAMALA DESOM, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT: PETITIONER -------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.T.J.AMBOOKAN THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.462 of 2008 ------------------------------------------------ Dated this the 6th day of March, 2008 JUDGMENT Heard. Public Prosecutor appears for the respondent. Service is complete. 2. The appeal is one filed under Section 449 of the Criminal Procedure Code. The only argument that is advanced before me by the learned counsel for the appellant is to have the amount of penalty reduced as according to him, the parties are daily wage labourers and they are not in a position to pay so much amount of Rs.20,000/- each which is the bond amount that is imposed as penalty by the court below. 3. Having heard the submissions of the counsel for the appellants and the Public Prosecutor, I am of the view that some reduction has to be given in the amount of penalty imposed. Crl. Appeal No.462 of 2008 -2- 4. In the result, I reduce the penalty to Rs.7,000/- each giving remission for the balance amount of the bond. It is made clear that the appellants are to make deposit of the amount imposed as aforesaid positively within a period of one month. In case of failure, the court below shall proceed to recover the amount from the appellants. 5. This appeal is thus allowed in part. K.P.BALACHANDRAN, JUDGE kns/-