IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 CRL.A.No. 303 of 2008 ------------------------------------ MC.1/2007 IN SC.521/2007 of SESSIONS COURT, ALAPPUZHA .................... APPELLANT/IST CR.PETITIONER: VISWANATHAN, S/O.DAMODARAN, VADAKKE ATTATHU VEETTIL FROM PANAJIL VEEDU, KARUVATTA NORTH MURI, KARTHIKAPPALLY TALUK. BY ADV. SRI.K.G.ANIL BABU RESPONDENTS/PETITIONER & 2ND CR.PETITIONER: 1. THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, ALAPPUZHA. 2. SMT.USHA, W/O.BHASKARAN, KARUKATHARAYIL VEEDU, KARUVATTA SOUTH MURI, KUMARAPURAM VILLAGE, KARTHIKAPPALLY TALUK. BY PUBLIC PROSECUTOR SRI.V.T.K.MOHANAN THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 303 of 2008 --------------------------- JUDGMENT Heard both sides. 2. Though the counsel for the appellant made an effort at canvassing against the legality of the order of the court below, he has, finally, submitted that there is no illegality as such in the order, but that the grievance of the appellant is only that the penalty imposed to the extent of Rs.30,000/-, which is the bond amount, without giving any remission, is excessive and unjust. It is submitted that the appellant is a fisherman and is not in a position to pay so much amount by way of penalty. 3. Considering the entire circumstances of the case, I reduce the amount of penalty to Rs.10,000/-, giving remission for the balance bond amount. The amount of penalty has to be deposited positively within one month from today. In case of failure, the court below shall proceed to recover the said amount of penalty according to law. The appeal is, thus, partly allowed. 15th February, 2008 (K.P.Balachandran, Judge) tkv