IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 CRL.A.No. 888 of 2007 ------------------------------------ SC.1698/04 (SC1322/06) of ADDL. SESSIONS COURT (ADHOC), KOLLAM .................... APPELLANTS/COUNTER PETITIONERS 2, 3: 1. VIJAYAN, BIJI BHAVANAM, PAVUMBA NORTH, PAVUMBA VILLAGE, KARUNAGAPPALLY. 2. RAMLA, PAVUMBA NORTH COLONY, PAVUMBA SOUTH, PAVUMBA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.SIJU KAMALASANAN SRI.S.SUDHEESHKAR SRI.A.MUHAMMED RAFFI RESPONDENT/PETITIONER: STATE OF KERALA, REP. BY EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.T.J.AMBOOKEN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 888 of 2007 --------------------------- JUDGMENT Heard. Counsel for the appellants submits that the appellants are illiterate and were not aware of the implication of the notice received and were under the impression that the accused himself had to be produced and as the accused could not be traced, they were making attempts to trace him out and that is why they happened to be absent in the court below and prays for the amount of penalty being reduced, as the appellants are not able to raise so much amount. Having considered the entire aspects of the case, I am of the view that penalty of Rs.15,000/- each imposed by the court below is excessive and it has to be reduced to Rs.5,000/- each. In the result, allowing this appeal in part, I reduce the penalty imposed on the appellants to Rs.5,000/- each, giving remission for the balance amount of the bond. The appellants shall remit the CRA 888/07 2 amount of penalty reduced as aforesaid in the court below positively within one month from today. In case of failure, the court below shall take steps to realise the amount of penalty from the appellants. 18th January, 2008 (K.P.Balachandran, Judge) tkv