IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 CRL.A.No. 1928 of 2009() ------------------------ SC.44/2008 of ADDL.SESSIONS COURT (ADHOC-I), KASARAGOD .................... APPELLANT/ COUNTER PETITIONER:- ----------------------------------------- 1. NARAYANA, AGED 51, S/O.AITHAPPA POOJARY, P.O.KADAMBAR, KADAMBAR VILLAGE. 2. JAYARAM SHETTY, AGED 33, S/O.GANGADHARA SHETTY, CHARLA, KULOOR P.O., KULOOR VILLAGE. BY ADV. MR. T.G.RAJENDRAN RESPONDENTS/COMPLAINANT AND STATE:- ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MS. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 1928 of 2009 ------------------------------------------------------------ Dated this the 18th day of September, 2009. JUDGMENT The appellants were the sureties for the sole accused in S.C. No. 44 of 2008, which was a prosecution under Section 55(a) of the Abkari Act. The bond amount was Rs.1,50,000/-. Consequent on the non-appearance of the accused before the Additional Sessions Court (Adhoc-I), Kasaragod, proceedings were initiated against the accused as well as the appellants by registering M.C. No. 73 of 2009. Except pleading penury, the appellants had no explanation to offer. The court below, therefore, imposed a penalty of Rs.30,000/- on each of the appellants remitting the balance bond amount. It is the said order which is assailed in this appeal. 2. Having regard to the fact that the appellants hail from impecunious circumstances and having further regard to the fact that there is noting to indicate that the Crl. Appeal No. 1928/2009 : 2 : appellants were privy to the abscondance of the accused, I am inclined to reduce the penalty to Rs.10,000/- (Rupees ten thousand only). The appellants shall deposit the reduced amount of penalty before the court below within one month from today. If any amount has already been remitted, the same shall be given credit to by the court below. This appeal is allowed in part as above. Dated this the 18th day of September, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 1928/2009 : 3 :