IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 CRL.A.No. 919 of 2008() ----------------------- AGAINST THE ORDER IN MC.27/2003 IN SC.852/2007 of ADDL. SESSIONS COURT (ADHOC-I), KOLLAM .................... APPELLANT/1ST COUNTER PETITIONER. ----------------------------------------------- ANIL, S/O. RAGHAVAN, MUDIVILA VEEDU, AMBEZHAVAYAL CHERRY, PANAYAM VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S):STATE. ------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 919 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October, 2008 JUDGMENT The appellant faced indictment in a prosecution under Section 55(a) of the Kerala Abkari Act. That crime was registered as Crime No. 231 of 1998 in 1999. Investigation was completed. Cognizance was taken. The case was committed to the Court of Sessions and was registered initially as S.C. No.469 of 1999. The appellant did not appear in that case. Action was initiated against the appellant and his sureties under Section 446 Cr.P.C. By the impugned order dt.28.11.2003 the learned Sessions Judge imposed a penalty of Rs.25,000/- on the appellant and his sureties. It is submitted at the Bar that towards that amount, an amount of Rs.5,000/- has already been remitted on 21.8.2007. The petitioner had appeared before court on that day and he was enlarged on bail. 2. Thereafter he has come to this Court with this appeal under Section 449 Cr.P.C. The long delay in filing the appeal Crl.A.No. 919 of 2008 2 has already been condoned. The learned counsel for the appellant, in these circumstances, makes only one request. He prays that the penalty amount may be reduced. The appellant was employed at Bangalore and he could not appear before the learned Sessions Judge as his employer did not grant him leave. He has already remitted an amount of Rs.5,000/- In these circumstances leniency may be shown and the appellant may not be compelled to make any further payment, it is submitted. 3. I have considered all the relevant inputs. The crime was registered in 1998. The case was committed to the Court of Sessions in 1999. The appellant started absconding and his presence could be secured only on 21.8.2007. The appellant has been guilty of gross laches. The interests of public justice demand that the bounden and his sureties must zealously abide by their obligations under the bond executed by them in favour of the State. Misplaced sympathy shall be counter productive and will only add to the scandalous delay in the judicial process. I am, in these circumstances, satisfied that a strict view is liable to be taken. Taking note of the fact that the appellant has already surrendered before the Sessions Court, I am Crl.A.No. 919 of 2008 3 satisfied that a lenient view can be taken regarding the quantum of penalty. 4. In the result: a) This criminal appeal is allowed in part. b) The penalty imposed on the appellant is modified and reduced from Rs.25,000/- to Rs.15,000/- c) Needless to say, credit shall be given to the amount, if any already paid towards the penalty amount due under the impugned order. (R. BASANT) Judge tm Crl.A.No. 919 of 2008 4 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 919 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The learned counsel for the petitioner submits that the petitioner, who is the accused in S.C.852 of 2007 pending before the Addl. District and Sessions Court (Adhoic-I), Kollam and against whom M.C.27 of 2003 was initiated by the court, had subsequently entered appearance and has been granted bail by the court. 2. Call for a report from the Addl. District and Sessions Court (Adhoc-I), Kollam as to whether the petitioner – accused in SC 852 of 2007 (original No. SC 469 of 1999) has subsequently entered appearance before court and has been enlarged on bail on 21.8.2007. The report must reach this court by 17.10.2008. Call on that day. Crl.M.A. 4716 of 2008 Interim stay shall stand extended till 17.10.2008. (R. BASANT) Judge Crl.A.No. 919 of 2008 5 tm