IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 4660 of 2010() ----------------------- MC.12/2010 IN SC.99/2009 of ADDL. SESSIONS COURT (ADHOC-I), THODUPUZHA .................... PETITIONERS / PETITIONERS: ------------------------------------------- 1. ANISHKUMAR, S/O.RADHAKRISHNAN, MANDAPATHIL HOUSE, KALLARKUTTY KARA, VELLATHOOVAL VILLAGE. 2. PAULOSE, S/O.VARGHESE, KOLLAMPARAMBIL HOUSE, CHENKULAM KARA, KUNCHITHANNI VILLAGE, DEVIKULAM TALUK. 3. RAJAN, S/O.PONNUSWAMI, THEVARKATTIL HOUSE, PIPELINE KARA, KUNCHITHANNI VILLAGE, DEVIKULAM TALUK. BY ADVS. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT / RESPONDENT: -------------------------------------------- THE IIIRD ADDL.DISTRICAT & SESSIONS JUDGE, THODUPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4660 of 2010 -------------------------- ORDER Petitioners executed a bond before Additional Sessions Court, Thodupuzha and obtained interim custody of 1999 model FIAT UNO petrol car. In the bond, they undertook to produce the vehicle as and when required or in default, to pay Rupees Two lakhs each. When the case was being tried as S.C.No.99/2009, learned Additional Sessions Judge directed first petitioner to produce the vehicle. But, he could not produce the vehicle. Therefore, M.C.No.12/2010 was initiated and notice was issued to show cause why the amount agreed in the bond shall not be forfeited. Petitioners appeared before learned Additional Sessions Judge and contended that the value of the vehicle at present does not exceed Rs.50,000/- and therefore, leniency is to be shown. Learned Additional Sessions Judge, by Annexure-A order, reduced the amount by Rs.50,000/- and imposed a penalty of Rs.1,25,000/- each. This petition is filed under Section 482 of Code of Criminal Procedure to quash that order. CRMC 4660/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioner is that being a 1999 model FIAT UNO petrol car, the value of the vehicle will be far less than what was shown in the bond and in such circumstances, leniency may be shown. 4. As stated earlier, petitioners, with open eyes, agreed to pay Rupees Two lakhs, in case they fail to produce the vehicle as and when required. In spite of the fact that they were directed to produce the vehicle, the vehicle was not produced. Even though the bond amount was Rupees Two lakhs, learned Additional Sessions Judge reduced the penalty to Rs.1,25,000/-. The question is whether any further reduction is to be granted. Considering the entire facts and circumstances of the case, interest of justice will be met only if the penalty is reduced to Rupees One lakh each. Petition is allowed in part. The penalty imposed by Additional Sessions Judge, Thodupuzha in M.C.No. 12/2010 is reduced to Rupees One lakh each. 21st December, 2010 (M.Sasidharan Nambiar, Judge) tkv