IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 CRL.A.No. 839 of 2008() --------------------------------- AGAINST THE ORDER DATED 14/11/2005 IN MC.NO.3/2005 IN SC.175/2004 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... APPELLANTS/COUNTER PETITIONERS --------------------- 1. THOMAS, AGED 47 YEARS, S/O.VARKEY, CHENNIKKATTUKUNNEL, (H) VAZHAVARA KARA, KALAKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. SEBASTIAN, AGED 55 YEARS, S/O.SCARIA, CHAVARPPUZHAYIL HOUSE, VAZHAVARA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENTS: COMPLAINANT ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN,J. ----------------------------------------- CRL.APPEAL NO.839 OF 2008 ----------------------------------------------------- DATED THIS THE 6TH DAY OF MAY, 2008 J U D G M E N T Admit. Public Prosecutor appears for the respondent. Heard counsel for the appellants and the Public Prosecutor for the respondent. 2. This is an appeal filed under Section 449 of the Code of Criminal Procedure. The appellants were sureties to the accused in S.C.No.175/04 on the file of the Additional Sessions Court/ Special Judge for NDPS Act Cases, Thodupuzha. The accused absconded and despite several opportunities afforded, the sureties could not produce the accused. Notice was served on the appellants to show cause as to why they should not be ordered to pay the bond amount as penalty. But, they did not show any cause and consequently, the court below has imposed the bond amount of Rs.15,000/- each as penalty on the appellants. 3. The only argument that is advanced before me by the counsel for the appellants is that the appellants are daily waged CRL.A.839/08 2 labourers and they are unable to find so much amount to pay the penalty and that considerable reduction in the amount of penalty be granted. 4. Considering the entire circumstances of the case, I am of the view that the penalty imposed by the court below has to be reduced to half of the amount imposed by the court below, giving remission to the balance amount of the bond. 4. In the result, I order that the appellants shall pay by way of penalty an amount of Rs.7,500/- each. Remission is given for the balance amount of the bond. The amount aforesaid shall be paid positively within one month. In case the amount is not paid within the said one month, the court below shall take appropriate steps to have the amount of penalty realised from the appellants. K.P.BALACHANDRAN, JUDGE. dsn