IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 CRL.A.No. 190 of 2008 ------------------------------------ SC.587/2003 of ADDL. SESSIONS COURT (ADHOC-III) THALASSERY ......... APPELLANTS/RESPONDENTS/SURETIES: 1. M.KUNHIKKANNAN, S/O KORAN, KUNNUMMAL HOUSE, KEEZHOOR AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. K.KUNHIKANNAN NAMBIAR, S/O NARAYANAN NAMBIAR, KUTTIADAN HOUSE, DO. DO. BY ADV. SRI.P.NARAYANAN RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 190 of 2008 --------------------------- JUDGMENT Heard. 2. The appellants, who were sureties to the second accused in S.C.No.587/03 on the file of the Additional Sessions Court (Adhoc III), Thalassery, having executed bail bond for the second accused for an amount of Rs.20,000/- each, were ordered to pay penalty of Rs.10,000/- each by the court below consequent on forfeiture of the bond. 3. It is contended before me by the learned counsel for the appellants that the appellants are coolie workers; that they are unable to raise so much amount and that some more leniency be extended in the matter of payment of penalty. Considering the entire circumstances of the case, I am of the view that the amount of penalty has to be reduced to Rs.6,000/- each. CRA 190/08 2 In the result, allowing this appeal in part, I reduce the amount of penalty, payable by the appellants, to Rs.6,000/- each. The amount shall be paid positively within one month from today. In case the amount is not paid within the said period, the court below shall proceed to recover the amount from the appellants. 28th January, 2008 (K.P.Balachandran, Judge) tkv