IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 CRL.A.No. 2120 of 2009() ------------------------ M.C. NO. 65/07 IN SC.20/2007 of ADDL. DISTRICT & SESSIONS COURT (ADHOC - III), KOLLAM. .................... APPELLANTS/ COUNTER PETITIONERS 1 & 2:- ----------------------------------------------------------------- 1. SHAJI S/O. ABDUL LATHEEF, HOUSE NO:14, KUNNEL LEKSHAM VEEDU, PAYYALAKKAVU WARD, CHAVARA, KARUNAGAPPALLY. 2. SUNITHA W/O. HUSSAIN, MEETTATHAVAYALIL, PATTATHANAM WEST CHAVARA, KARUNAGAPPALLY. BY ADV. SRI. SIJU KAMALASANAN RESPONDENT/PETITIONER:- ----------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2120 of 2009 ------------------------------------------------------------ Dated this the 15th day of October, 2009. JUDGMENT In this appeal filed under Section 449 Cr.P.C., the 4th accused in S.C No. 20 of 2007 on the file of the Additional Sessions Court (Adhoc -III), Kollam and one of his sureties, challenge the order dated 24.09.2007 passed by that court imposing the bond amount of Rs.25,000/- as penalty. Consequent on the non-appearance of the 1st appellant before the court below, proceedings were initiated under Section 446 Cr.P.C. 2. Since the 1st appellant has subsequently appeared before the court below and has been released on bail and also since the impugned order passed by the court below is a non speaking order which does not show the reasons in support of the same, I am inclined to reduce the penalty. Accordingly, the bond amount imposed as penalty is reduced to Rs.7,500/- (Rupees seven thousand and five Crl. A. No. 2120/2009 : 2 : hundred only) each. The appellants shall deposit the reduced penalty within one month from today. This appeal is disposed of as above. Dated this the 15th day of October, 2009. V. RAMKUMAR, JUDGE. rv