IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 CRL.A.No. 1996 of 2009() ------------------------ AGAINST THE ORDER DATED 28/02/2006 IN M.C. 290/2006 IN SC.896/2005 of ADDL. SESSIONS COURT (ADHOC-I), THALASSERY .................... APPELLANT/2ND COUNTER PETITIONER:- ---------------------------------------------- K.JANAKI, AGED 63 YEARS, D/O. KATTIPALA, KUNDANKODAN HOUSE, P.O.KAKKARA, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. MR. V.V.ASOKAN MR. P.P.RAMACHANDRAN RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, (SHO PERINGOM POLICE STATION, KANNUR), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 1996 of 2009 ------------------------------------------------------------ Dated this the 6th day of October, 2009. JUDGMENT The appellant who was one of the sureties for the accused in S.C. No. 896 of 2005 on the file of the Sessions Court, Thalassery for an offence punishable under Section 58 of the Abkari Act, challenges the order dated 28.02.2006 passed by the said court in M.C. No. 290 of 2006. Consequent on the non-appearance of the accused who is stated to be the appellant's brother in the above Sessions Case, proceedings were initiated against the sureties including the appellant under Section 446 Cr.P.C. To the show cause notice issued to her, she did not appear before the court nor did she offer any explanation as to why the proposed penalty should not be imposed. The court below thereupon imposed a sum of Rs.10,000/- being half of the bond amount as penalty. It is the said order which is assailed in this appeal under Section 449 Cr.P.C. Crl. Appeal No. 1996 of 2009 : 2 : 2. In as much as the accused has since been tried and acquitted and also having regard to the fact that the appellant is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty imposed on the appellant is reduced to Rs.5000/- (Rupees five thousand only). The appellant shall deposit the reduced penalty amount before the court below within two months from today failing which appropriate proceedings shall be initiated against her. This appeal is disposed of as above. Dated this the 6th day of October, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 1996 of 2009 : 3 :