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. 1995 of 2009() ----------------------------- M.C. NO.1/2009 IN S.C. NO. 516/2008 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-I), KOLLAM APPELLANTS (COUNTER PETITIONERS):- ---------------------------------------------- 1. GOPAKUMAR, S/O.CHANDRASEKHARA PILLAI, RESIDING AT G.S.BHAVAN, NEAR MINI STADIUM, POOTHAKULAM, POOTHAKULAM VILLAGE, KOLLAM. 2. SHEELADEVI AMMA, D/O.SREEDEVI AMMA, RESIDING AT SRUTHYLAYAM, THRIKOVILVATTOM VILLAGE, KOLLAM. 3. SHYLADEVI AMMA, D/O.SREEDEVI AMMA, RESIDING AT G.S.SADANAM, POOTHAKULAM, THRIKOVILVATTOM CHERRY, KOLLAM. BY ADV. MR. R.S.KALKURA RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, 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.A. No. 1995 of 2009 ------------------------------------------------------------ Dated this the 29th day of September, 2009. JUDGMENT The appellants are the sole accused in S.C. No. 516 of 2008 on the file of the Additional Sessions Court (Adhoc-I), Kollam and his sureties. The bond amount was Rs.25,000/-. Consequent on the non-appearance of the 1st appellant before that Court, proceedings were initiated against the appellants under Section 446 Cr.P.C by registering M.C. No. 1 of 2009. To the show cause notice issued to the appellants, they had no valid explanation for the non- appearance of the 1st appellant on the date in question. The learned Additional Sessions Judge thereupon imposed a sum of Rs.10,000/- each as penalty. It is the said order which is assailed in this appeal. 2. The learned counsel appearing for the appellants submitted that the 1st appellant is willing to appear before the court below. In the light of the willingness expressed by Crl. Appeal No. 1995/2009 : the 1st appellant, 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 trial court within one month from today failing which appropriate recovery proceedings shall be initiated against them. This appeal is allowed in part as above. Dated this the 29th day of September, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 1995/2009 :