High Court Kerala High Court

Narayana vs State Of Kerala on 18 September, 2009

Kerala High Court
Narayana vs State Of Kerala on 18 September, 2009
       

  

  

 
 
  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.
            -------------------------------------------------------------
                         Crl. A. No. 1928 of 2009
            ------------------------------------------------------------
          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 :