IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 CRL.A.No. 1970 of 2009() ---------------------------- S.C. NO. 1426/2006 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-I), KOLLAM M.C. NO. 16/2008 APPELLANTS/COUNTER PETITIONERS 1 TO 3:- ---------------------------------------------------- 1. MANIYAN, S/O. VIJAYAN, CHARUVILA PUTHEN VEEDU, KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE. 2. UMAIBA BEEVI, D/O. PATHU MUTHU, SAIBA NIVAS, KULATHUPUZHA, THINKALAKARIKKAKAM VILLAGE. 3. LEELA, D/O. BHAMA, CHARUVILA PUTHEN VEEDU, KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE. BY ADV. MR. SIJU KAMALASANAN RESPONDENT/ PETITIONER:- --------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MS. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl. Appeal No. 1970 of 2009 ---------------------------------------------------- Dated this the 29th day of September, 2009. JUDGMENT Heard both sides. 2. The appellants are the 6th accused and his sureties in S.C. No. 1426 of 2006 on the file of the Additional Sessions Court (Adhoc-I), Kollam for offences punishable under Sections 143, 147, 148, 365, 324, 326 and 308 r/w Section 149 IPC. 3. The 1st appellant was enlarged on bail on his executing a bond for Rs.20,000/- with two solvent sureties each for the like amount. That is how appellants 2 and 3 came to be his sureties. Consequent on the non-appearance of the 1st appellant before the trial court, proceedings were initiated under Section 446 Cr.P.C by registering M.C. No. 16 of 2008. The appellants remained absent before the court below. Thereupon, that court imposed a sum of Rs.10,000/- each as penalty. Hence this appeal. Crl. Appeal No. 1970/2009 : 2 : 4. The learned counsel for the appellants submitted that the 1st appellant is prepared to surrender before the trial court. In the light of his willingness to surrender before the trial court, I am inclined to reduce the penalty. Accordingly, the penalty imposed on the appellants is reduced to Rs.5000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty amount before the court below within one month from today failing which appropriate proceedings shall be initiated against them in accordance with the provision under Section 446 Cr.P.C. This appeal is disposed of as above. Dated this the 29th day of September, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 1970/2009 : 3 :