IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 CRL.A.No. 1329 of 2011 - A ------------------------------------ (AGAINST THE ORDER DTD.17.6.2010 IN CRL.M.C.NO.2/2010 IN SC NO.96/2009 ON THE FILE OF THE SESSIONS COURT, KALPETTA, WAYANAD) APPELLANT(S): APPELLANT/ACCUSED: --------------------- MUJEEB, AGED 27 YEARS, S/O.KHADER, CHERYKILLY (H), VARAMPATTA PADINHARATHARA, WAYANAD DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): STATE: ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A.No. 1329 of 2011 ---------------------------------------- Dated this the 1st day of September, 2011 J U D G M E N T The accused in a sessions case is the appellant herein as he is aggrieved by the order dated 17.6.2010 in Crl.M.C.No.2/2010 in S.C.No.96/2009 of the court of Sessions Judge, Kalpetta, Wayanad. 2. The above sessions case is instituted for the offences punishable under Sections 323,324,308 I.P.C. read with Section 3(1) (x) of the Scheduled Castes and Schedules Tribes (Prevention of Attrocities) Act. Since there was default from the part of the appellant in appearing before the trial court, the trial court took proceedings under Section 446 of Cr.P.C. against the appellant as well as his sureties which finally culminated in the order dated 17.6.2010 in Crl.M.C.No.2 of 2010. As per the impugned order, the trial court has imposed penalty of `.25,000/- against each of the counter petitioners including the appellant. The learned Sessions CRL.A.NO.1329 of 2011 :-2-: Judge was constrained to register the above Crl.M.C. because of the negligence on the part of the appellant and his sureties in giving a proper explanation of the default of the appellant in appearing before the court below. 3. Counsel for the appellant submitted that subsequently, the appellant herein approached this Court by filing Crl.M.C. and on the basis of the order passed by this Court in the said proceedings, the trial court granted bail and thus, he is on bail and is co-operating with the proceedings of the court and the trial is yet to be commenced. Therefore, according to me, the challenge against the impugned order, except to the extent of the penalty amount, is not sustainable and accordingly, the legality and correctness of the order of the learned Sessions Judge is upheld. But, it is relevant to note that the bond executed was for `.25,000/- and the same was forfeited. It was also ordered to pay penalty of `.25,000/-, which according to me, requires reconsideration and modification. According to me, a sum of `..12,500/- is sufficient to meet the ends of justice and thus, the CRL.A.NO.1329 of 2011 :-3-: penalty amount can be modified and reduced into `.12,500/-. 4. As directed by this Court by order dated 5.7.2011 in Crl.M.A.No.5868 of 2011, the appellant has already deposited a sum of `.12,500/- in the trial court within the time limit and as directed by this Court, the receipt dated 14.7.2011 issued from the District and Sessions Court, Kalpetta is also produced as per memo dated 26.7.2011. The learned counsel for the appellant submitted that the said amount may be adjusted towards the penalty amount now modified and fixed by this Court. I find no reason to reject the above request. Accordingly, there will be a direction to the trial court to adjust `.12,500/- which is already deposited by the appellant vide, receipt dated 14.7.2011 of the trial court towards the penalty amount as modified and fixed by this Court in this order. Since the appellant has already deposited the amount towards the penalty amount as modified and fixed by this Court, no further proceedings against the appellant is warranted. Therefore, coercive steps, if any, taken against the appellant in pursuance of the impugned order shall stand cancelled. CRL.A.NO.1329 of 2011 :-4-: The Criminal Appeal is disposed of as above. V.K.MOHANAN, Judge MBS/ CRL.A.NO.1329 of 2011 :-5-: V.K.MOHANAN, J. CRL.A.No. OF 20 JUDGMENT Dated:2. ..2011 CRL.A.NO.1329 of 2011 :-6-: