IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 CRL.A.No. 2036 of 2009() ------------------------ AGAINST THE ORDER DATED 31/07/2009 IN MC 71/2009 IN SC.483/2008 of ADDL. SESSIONS COURT (ADHOC-II), KASARAGOD. .................... APPELLANTS: -------------- 1. SUHARA P.M., AGED 46/09, W/O.IBRAHIM,DOOR NO.766/3, CHEMNAD GRAMAPANCHAYATH POST THEKKI, THEKKI VILLAGE, KASARAGOD. 2. BEEFATHIMA, AGED 49/09 W/O.B.H.ABOOBACKER, BEEDI ROLLING, DOOR NO.10263, KANINKUNDU, THEKKI, THEKKI VILLAGE AND POST KASARAGOD TALUK, CHEMNAD GRAMAPANCHAYATH. BY ADV. MR. T.B.SHAJIMON MS. GOVINDU P.RENUKADEVI RESPONDENT:- ----------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009, ALONG WITH CRL.A. NOS. 2041 & 2042 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ----------------------------------------------------------------- Crl.A. Nos. 2036, 2041 & 2042 of 2009 ----------------------------------------------------------------- Dated this the 6th day of October, 2009. JUDGMENT The common appellants in Crl. Appeal Nos. 2042, 2041 and 2036 of 2009 were the common sureties for accused Nos.1, 2 and 3 respectively in S.C. No. 483 of 2008 on the file of the Additional Sessions Court (Adhoc-II), Kasaragod. The aforementioned three accused persons were the accused in an Abkari case. Consequent on the non-appearance of A1 to A3 before the court below, proceedings were initiated against the appellants as M.C. Nos. 69, 70 and 71 of 2009 under Section 446 Cr.P.C. To the show cause notice issued to them, they did not appear before the court below. Thereupon, the court below imposed a penalty of Rs.15,000/- (Rupees fifteen thousand only) on each of the appellants in each of the cases. The bond amount was Rs.20,000/-. 2. Having regard to the fact that the appellants are Crl. Appeal Nos. 2036, 2041 & 2042 of 2009 : 2 : stated to be hailing from impecunious circumstances and they were not privies to the abscondance of the accused persons, I am inclined to reduce the penalty by 50%. Accordingly, the penalty payable by each of the appellants in each of the appeals is reduced to Rs.7500/- (Rupees seven thousand and five hundred only). The reduced penalty of Rs.22,500/- each shall be deposited by each of the appellants before the court below within two months from today failing which appropriate recovery proceedings shall be initiated against them. Dated this the 6th day of October, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal Nos. 2036, 2041 & 2042 of 2009 : 3 :