IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 CRL.A.No. 1247 of 2008(Y) ------------------------- M.C.NO.2/2008 IN SC.529/2007 OF THE ADDL. DISTRICT & SESSIONS COURT (ADHOC-III) NORTH PARAVUR. .................... APPELLANT: COUNTER PETITIONERS ------------------------------ 1. ROY,S/O.PATHROSE, PANTHIKKAL KARA, PARATHADY VILLAGE, HOZDURG, KASARGODE, NOW RESIDING AT ILLANBAYIL HOUSE, MALABAR COMPLEX, MANDERY VILLAGE, KALPATTA, WAYANAD. 2. KUNJURAJAN, S/O.VELAYU, 143B, AMBALAPARAMBU, KODUMBA, PALAKKAD. 3. KITTA, S/O.VELAYUDHAN, 265,MANIYAMKAD, KADANGOD, KODUMBU, PALAKKAD. BY ADV. SRI.P.K.SAJEEV RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. AMJAD ADLI. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.A. No. 1247 of 2008 ------------------------------------------------- Dated this the 24th day of July, 2008 JUDGMENT This appeal is preferred under Sec.449 Cr.P.C. against an order passed under Sec.446 Cr.P.C. directing the appellants to pay an amount of Rs.25,000/- each as penalty consequent to forfeiture of the bail bonds executed by the 1st appellant with the 2nd and 3rd appellants as sureties. 2. The 1st accused faced allegations in a Sessions Case. The offences alleged were under the Kerala Abkari Act. The impugned order was passed on 26/5/08. The learned counsel for the appellants have produced documents to show that immediately thereafter on 28/5/08 the 1st appellant had appeared before the learned Sessions Judge and he was enlarged on bail as per the order dated 28/5/08 in Crl.M.P.No.204/08. 3. The learned counsel for the appellants submits that Crl.A. No. 1247 of 2008 -: 2 :- the omission/failure of the 1st appellant to appear before the learned Sessions Judge was on account of reasons beyond his control and his bona fides is evident from the fact that he had appeared before the learned Judge within two days. 4. I am satisfied, in these circumstances, that a lenient view can be taken and the quantum of penalty can be reduced. 5. In the result: (a) This Crl. Appeal is allowed. (b) The impugned order is modified and the penalty imposed on each of the appellants is reduced from Rs.25,000/- to an amount of Rs.1,000/- each. If recovery of the amount is found to be impossible, the appellants shall undergo imprisonment in a civil prison for a period of one month each. 6. The learned counsel prays and accordingly it is directed that the appellants shall have time of 2 weeks from this date to make the payment of the amount. Till then, no steps for execution of the order shall be taken. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge