IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 CRL.A.No. 2050 of 2009() ------------------------ AGAINST THE ORDER DATED 10/01/2005 IN MC.5/2005 IN SC.936/2002 of ADDL. SESSIONS COURT (ADHOC), KOLLAM .................... APPELLANT(S): APPELLANT/COUNTER PETITIONER 2 & E /SURETIES ---------------------------------------------------------------------------------------------------------------- 1. KOCHU RANI, D/O. LILLY KUTTY, POIKAYAIL PUTHEN VEEDU, KAITHAKODE MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DIST. 2. SHYLAJA, D/O. LILLY KUTTY, 'POIKAYAIL' PAVITHRESWARAM MURI, PAVITHRESWARAM VILLAGE, KOTTRAKKARA TALUK, KOLLAM DIST. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.Appeal.No.2050 of 2009 = = = = = = = = = = = = = = Dated this the 8 thday of October, 2009 JUDGMENT The appellants, who were the sureties for the accused in S.C.No.936 of 2002 on the file of Additional Sessions Court (Adhoc)-1, Kollam for offences punishable under Sections 55(a) and (i) of the Abkari Act were proceeded against under Section 446 Cr.P.C ,consequent on the non appearance of the accused in the above case. To the notice issued in M.C.No.5 of 2005 registered against the appellants calling upon them to show cause as to why the bond amount has to be imposed as penalty, they had no valid explanation to offer In fact the 1st appellant did not even appear before the court below. The learned Additional Sessions Judge thereupon imposed a sum of Rs.10,000/- as penalty. The bond amount was for Rs.25,000/-. Crl. Appeal No.2050 of 2009 2 2. Having regard to the fact that the absconding accused subsequently appeared before the court below and was acquitted and having further regard to the fact that the petitioners are hailing from impecunious circumstances, I am inclined to reduce the penalty to Rs.5,000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Criminal Appeal is disposed of as above. Dated this the 8 th day of October, 2009. V. RAMKUMAR, JUDGE sj