IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 CRL.A.No. 633 of 2008 ------------------------------------- MC.22/07 IN SC.106/2007 of SESSIONS COURT, KOZHIKOE .................... APPELLANTS/RESPONDENTS: 1. MOOSA, S/O.MOIDEEN, AGED 56 YEARS, KALARIYULATHIL HOUSE, ERAVATOOR AMSOM, EDAVARAD DESOM. 2. MOIDU, S/O.KUNHAMMED, AGED 42 YEARS, VAYAVALAPPIL HOUSE, AVALA AMSOM DESOM, CHERUVANNUR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/PETITIONER: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 633 of 2008 --------------------------- JUDGMENT This is an appeal filed under Section 449 of the Cr.P.C. On merits of the case, the learned counsel for the appellants has nothing to say. His only request is to have the amount of penalty reduced and he submits that the appellants are Coolies and they will be unable to raise so much amount as has been imposed by the court below. The bond amount was Rs.20,000/- each and the penalty imposed by the court below is Rs.12,000/- each. Considering the circumstances of the case, I am not of the view that the appellants are entitled to much leniency. However, I am of the view that the penalty can be reduced to Rs.8,000/- each. In the result, allowing this appeal in part, I modify the amount of penalty imposed by the court below and reduce it from Rs.12,000/- each to Rs.8,000/- each. The amount of penalty shall be deposited by the appellants in the court below CRA 633/08 2 positively within one month from today. In case of failure, the court below shall take appropriate steps to have the amount of penalty so imposed, recovered. 31st March, 2008 (K.P.Balachandran, Judge) tkv