IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 CRL.A.No. 268 of 2009() ----------------------- AGAINST THE ORDER DATED 24/07/2007 IN MC 11/07 IN SC.802/2006 of ADDL.SESSIONS COURT-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- SREEKANDAN NAIR,S/O.GOPINATHAN NAIR, MADATHUVILA VEEDU, VILAVOOKAL, VILAVOORKAL VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI C.M. KAMMAPPU. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------------- CRL.A. No.268 of 2009 ---------------------------------------------- Dated, 2nd February, 2009. JUDGMENT The appellant herein is the 2nd counter petitioner and one of the sureties to the 2nd accused in S.C.No. 802 of 2006 of the Addl.Sessions Court (Abkari cases), Neyyattinkara. It is a case instituted for prosecuting the accused for the offence punishable under the Abkari Act. Subsequently, the 2nd accused jumped over the bail condition and he was not available for the trial. As per the impugned order, the court below imposed the bond amount of Rs.50,000/- by way of penalty against the appellant. It is the above order challenged in this appeal. 2. I have heard the learned counsel appearing for the appellant as well as the learned Public Prosecutor. 3. The learned counsel for the appellant submitted that the other surety in the same case who is the first counter petitioner in the impugned order had already approached this court and by order dated 8.4.2008 in Crl.A.No.695 of CRL.A.268/09 -:2:- 2008, this court allowed the appeal in part and reduced the amount of penalty from Rs.50,000/- to Rs.10,000/-, giving remission to the balance amount of the bond. The learned counsel submitted that the same benefit may be extended to the appellant also. 4. In the circumstances explained above, I am of the view that similar order can be passed in favour of the appellant as ordered by the this Court mentioned above. In the result, this appeal is allowed in part and the amount of penalty imposed on the appellant is reduced from Rs.50,000/- to Rs.10,000/- giving remission to the balance amount of the bond. The appellant is directed to deposit the said amount of penalty in the court below within one month from today. In case of failure, the court below shall take necessary steps for realisation of the penalty amount from the appellant. V.K.MOHANAN, JUDGE CRL.A.268/09 -:3:- kvm/- V.K.MOHANAN, J. No.... Judgment/Order Dated: CRL.A.268/09 -:4:-