IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1928 of 2009()
1. NARAYANA, AGED 51,
... Petitioner
2. JAYARAM SHETTY,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :18/09/2009
O R D E R
V. RAMKUMAR , J.
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Crl. A. No. 1928 of 2009
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Dated this the 18th day of September, 2009.
JUDGMENT
The appellants were the sureties for the sole accused
in S.C. No. 44 of 2008, which was a prosecution under
Section 55(a) of the Abkari Act. The bond amount was
Rs.1,50,000/-. Consequent on the non-appearance of the
accused before the Additional Sessions Court (Adhoc-I),
Kasaragod, proceedings were initiated against the accused
as well as the appellants by registering M.C. No. 73 of
2009. Except pleading penury, the appellants had no
explanation to offer. The court below, therefore, imposed a
penalty of Rs.30,000/- on each of the appellants remitting
the balance bond amount. It is the said order which is
assailed in this appeal.
2. Having regard to the fact that the appellants hail
from impecunious circumstances and having further regard
to the fact that there is noting to indicate that the
Crl. Appeal No. 1928/2009 : 2 :
appellants were privy to the abscondance of the accused, I
am inclined to reduce the penalty to Rs.10,000/- (Rupees
ten thousand only). The appellants shall deposit the
reduced amount of penalty before the court below within
one month from today. If any amount has already been
remitted, the same shall be given credit to by the court
below.
This appeal is allowed in part as above.
Dated this the 18th day of September, 2009.
V. RAMKUMAR, JUDGE.
rv
Crl. Appeal No. 1928/2009 : 3 :