IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 CRL.A.No. 2903 of 2008 ------------------------ AGAINST THE ORDER DATED 19/03/2008 IN MC.72/2007 IN SC 1589/2006 of ADDL. SESSIONS COURT (ADHOC) I, KOLLAM .................... APPELLANTS:COUNTER PETITIONERS ------------------------------------------------------- 1. SMT.ANANDAVALLY, W/O.RAJAN, PARANKIMAMVILA THODIYIL, KILIKOLLOOR CHERI & VILLAGE, KOLLAM DIST. 2. SRI.RAJAN, PARANKIMAMVILA THODIYIL, KILIKOLLOOR CHERI & VILLAGE, KOLLAM DIST. 3. SRI.SHAJI, S/O.UNNI, PLAVILA VEEDU, HOUSE NO.75, NAKSHATHRA NAGAR, KILIKOLLOOR CHERRY & VILLAGE, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN SRI.S. HARIKRISHNAN RESPONDENT: PETITIONER ---------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2009, ALONG WITH CRA NO. 2919 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. K. MOHANAN, J. ~~~~~~~~~~~~~~~~~~~~~~~~ Crl. Appeal No. 2903 OF 2008 & Crl. Appeal No. 2919 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of January, 2009 J U D G M E N T The above two appeals are preferred by the sureties along with accused No. 4 and 5 in S.C. No. 1589 of 2006 on the file of the Court of Additional District & Sessions Judge (Adhoc) Court - I, Kollam challenging the orders passed by the above court under Section 446 of Cr.P.C. In both appeals impugned order are marked as Annexure 1. Criminal Appeal No. 2903 of 2008 is preferred against the order in M.C. 72/07 and Crl. Appeal No. 2919 of 2008 is preferred against the order in M.C. 71/07. In both the above proceedings the first counter petitioner are respectively accused No. 5 and 4. 2. When the above appeals came up for consideration this Court passed an interim order on 27.08.08 directing the appellant to deposit a sum of Crl. Appeal No. 2903 of 2008 and 2919 of 2008 : 2 : Rs.1000/- (Rupees One thousand only) each towards the amount payable under the impugned orders within a period of one month from the date of the order. It is also ordered that if the amount of Rs.1000/- each is deposited, further proceedings in pursuance of impugned order shall stand stayed till the disposal of these criminal appeals. 3. By the above order dated 17.12.2008, this court called for a report from the learned Additional District and Sessions Judge, as to whether accused No. 4 and 5 have subsequently appeared before the learned Judge and whether they have been made available to proceed with the trial in S.C. 1589/2006 after the the impugned orders passed on 19.03.2008. 4. The learned counsel for the appellant submitted that in pursuance of the interim order passed by this court, each of the appellant have deposited Rs.1,000/- (Rupees One thousand only) before the court below. It is also the case of the appellant that after the impugned order accused Nos. 4 and 5 were subsequently appeared and when they are available for the trial and they are co-operating with the trial of Crl. Appeal No. 2903 of 2008 and 2919 of 2008 : 3 : the case a lenient view may be taken and the amount ordered as per impugned order may be reduced to the tune of Rs.1,000/- (Rupees One thousand each). It is also the submission of the learned counsel that as the appellant have already deposited the amount as per the interim order of this Court same may be considered as the penalty under Section 446 of Cr.P.C. and accordingly appeals may be disposed of. 5. Going by the appeal memorandum and also submission made by the counsel for the appellant, it appears to me that the appellants are poor cashew factory workers and if they are insisted to pay amount already awarded as per the impugned order it is likely to adversely affect them. The learned Additional District and Sessions Judge (Adhoc) I, Kollam as per her report dated 23.12.2008 reported that the accused No. 4 and 5, first counter petitioner in the impugned orders surrendered on 26.5.2008 and they were remanded to judicial custody and subsequently on their application they were released on bail. It is also reported that they were present in the subsequent postings of the case on 24.6.2008, 19.8.2008 and 13.11.2008. Crl. Appeal No. 2903 of 2008 and 2919 of 2008 : 4 : 6. Having regard to the entire facts and circumstances involved in this case, I am of the view that, these appeals can be closed by reducing the amount from Rs.10,000/ (Rupees Ten thousand only) each to Rs.1,000/- (Rupees One thousand only) each against each of the appellant, but confirming the order of penalty imposed by the court below. In the result penalty ordered by the court below is reduced and re-fixed as Rs.1000/- (Rupees One thousand each) from Rs.10,000/- (Rupees Ten thousand only) each. Since each counter petitioners have already deposited the amount, the same shall be treated as compliance of this revised impugned order and no further proceedings are required. The Criminal Appeals are disposed of accordingly. (V.K. MOHANAN, JUDGE) kmd