IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 CRL.A.No. 715 of 2008 ------------------------------------ MC.1083/2007 of SESSIONS COURT, THALASSERY .................... APPELLANT/RESPONDENT: K.M. PRAMOD, S/O. GOPALA KURUP, AGED 35 YEARS, 346 K.M., CHIRAKKAL, KANNUR DISTRICT. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT/COMPLAINANT: 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 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 715 of 2008 --------------------------- JUDGMENT This appeal is filed under Section 449 of the Cr.P.C. by the first counter petitioner/first surety in M.C.No.1083/07 on the file of the Sessions Court, Thalassery. The appellant was the first surety to the tenth accused. The tenth accused absconded and consequently, proceedings under Section 446 Cr.P.C. were initiated against the sureties, who are the counter petitioners in the case. The bond amount was Rs.25,000/- each and after giving remission of an amount of Rs.15,000/-, the court below imposed a penalty of Rs.10,000/- each on the sureties. 2. The only argument that is advanced before me by the learned counsel for the appellant is that the appellant is a Coolie and is unable to deposit such huge amount and prays for the amount of penalty being reduced to Rs.7,500/-. I am of the view that the request can be granted. CRA 715/08 2 In the result, allowing this appeal in part, I reduce the amount of penalty from Rs.10,000/- to Rs.7,500/-. The said amount shall be deposited by the appellant in the court below positively within one month from today. In case of failure, the court below shall take appropriate steps to have the penalty realised from the appellant. 10th April, 2008 (K.P.Balachandran, Judge) tkv