IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 CRL.A.No. 583 of 2007() ----------------------- AGAINST THE ORDER DATED 22/04/2006 IN MC.377/2006 IN SC.187/2005 of ADDL. SESSIONS COURT (ADHOC-I), THALASSERY .................... APPELLANT: RESPONDENTS/SURETIES ------------------------------- 1. P.SUDHAKARAN, S/O.KELU, WARD NO.7 HOUSE NO.129, PONNAMKANDY HOUSE, AZHIYOOR AMSOM, DESOM VADAKARA, KOZHIKODE DISTRICT. 2. P.KUMARAN, S/O.KANNAN, WARD NO.VI, HOUSE NO.152A, PAREMBATH HOUSE, AZHIYOOR, KOZHIKODE DISTRICT. BY ADV. SRI.H.BADARUDDIN SRI.C.A.JOSEPH RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 583 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 O R D E R This appeal is filed under Section 449 Cr.P.C. to assail an order passed under Section 446 Cr.P.C. imposing a penalty of Rs.10,000/- on the appellants, who are sureties for an accused, who faced indictment in a prosecution under Section 55(a) of the Kerala Abkari Act. The impugned order was passed on 22.4.2006. The accused had surrendered before the learned Sessions Judge on 3.11.2006. This is clear from Annex.A order sheet maintained by the learned Sessions Judge. The counsel for the appellants now only prays that leniency may be shown to the appellants. 2. I am satisfied, in the facts and circumstances of this case, that leniency can be shown to the appellants. The accused has admittedly surrendered before the learned Sessions Judge on 3.11.2006. The penalty imposed is Rs.10,000/- each. The bond was for an amount of Rs.25,000/-, it is submitted. I am Crl.A.No. 583 of 2007 2 satisfied and do hereby direct that the penalty amount can be reduced to Rs.3,000/- each, the accused having surrendered before the learned Sessions Judge later. The impugned order is upheld in all other respectsl. 3. This Crl.A. is accordingly allowed to the above extent. (R. BASANT) Judge tm