IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 CRL.A.No. 90 of 2008 ----------------------------------- AGAINST THE ORDER DATED 03/12/2007 IN MC 22/2007(ORDER) IN SC.710/2003 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM .................... APPELLANTS/COUNTER PETITIONERS: 1. GEETHA, D/O VELLAPPAN, PUTHUVAL PUTHEN VEEDU, TC NO.32/771, TITANIUM WARD, KADAKAMPPALLY VILLAGE, THIRUVANANTHAPURAM. 2. SYAMALAKUMARI, W/O KUMAR, T.C.32/769(A), TITANIUM WARD, KADAKAMPALLY, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT: STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 90 of 2008 --------------------------- JUDGMENT Heard. 2. Though contentions are raised against the sustainability of the impugned order passed in M.C. No.22/07 under Section 446 of the Cr.P.C. contending that the procedure adopted is illegal, counsel for the appellants submitted that his only prayer is to have the amount of penalty reduced. It is further submitted that the appellants were ignorant of the procedure to be followed; that they were under the impression that they can get exonerated only by producing the accused, who had proceeded to Gulf and that was the reason why they did not show any cause; that the court below has imposed the entire bond amount as penalty despite the fact that the bond amount is too high, which they cannot afford to make payment and that no remission was given to any portion of the bond amount. CRA 90/08 2 2. Having considered the entire aspects of the case, I am of the view that the penalty imposed has to be reduced, giving remission of a considerable portion of the bond amount. In the result, allowing this appeal in part, I reduce the amount of penalty to Rs.8,000/- each payable by the appellants, giving remission for the balance amount of the bond. The appellants are granted one month's time to deposit the amount of penalty, failing which, the court below shall resort to coercive steps to have the amount of penalty realised. 15th January, 2008 (K.P.Balachandran, Judge) tkv