IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 CRL.A.No. 161 of 2008 ------------------------------------- MC 7/2007 IN SC.126/2005 of ADDL.SESSIONS COURT-I, MAVELIKKARA .................... APPELLANT/3rd COUNTER PETITIONER: PURUSHOTHAMA SHENOY, AGED 85, S/O HARISHENOY, PAYITTEMEKKATHIL (KURUMPOLIL), ERUVA MURI, PATHIYOOR VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENT/PETITIONER: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 161 of 2008 --------------------------- JUDGMENT Counsel for the appellant submits that the third counter petitioner in M.C.No.7/07 on the file of the Additional Sessions Court-I, Mavelikara, who is the appellant, is a person aged above 80; that presently he has no source to raise funds and that considering the said circumstance, the penalty imposed on the appellant be reduced giving remission for a considerable portion of the bond amount. It is seen that the bond was for Rs.25,000/- each and the court below has imposed only a penalty of Rs.15,000/- each giving remission for the balance amount of the bond. However, considering the entire circumstances of the case, I reduce the penalty imposed by the court below to Rs.8,000/- giving remission for the balance amount of the bond. The amount so imposed shall be deposited within one month, failing which, the court below shall take appropriate steps for CRA 161/08 2 recovery of the said amount from the appellant. The criminal appeal is, thus, allowed in part. 24th January, 2008 (K.P.Balachandran, Judge) tkv