IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Crl.Rev.Pet.No. 2496 of 2008() ------------------------------ CRA.168/2008 of SESSIONS COURT, KOTTAYAM MC.38/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... REVN. PETITIONER: PETITIONERS/APPELLANTS/COUNTER PETITIONER ----------------------------------------------------------- 1. M.NAZAR, S/O.UMMAR, FIROZ MANZIL, CHANTHAKADAVU KARA, KOTTAYAM VILLAGE. 2. ASHARAF, S/O.KASIM, KADAPPANA HOUSE, KUMMANAM KARA, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2496 of 2008 = = = = = = = = = = = = = = Dated this the 28 th day of July, 2008 ORDER The petitioners, who were the sureties for the accused in S.T.No.271 of 2004 on the files of the J.F.C.M-II, Kottayam were proceeded against under Section 446 Cr.P.C for the non appearance of the accused in the above case. The bond amount was Rs.15,000/-. To the show cause notice issued to the petitioners in Form No.48 of the IInd schedule of the Cr.P.C, they offered no valid explanation to the above except that the accused is absconding without their knowledge or consent. 2. The trial court imposed the bond amount as the penalty . They preferred an appeal before the Sessions Court, Kottayam as Crl.Appeal No.168/2008. The learned Sessions Judge as per the impugned judgment dated 31.05.08 reduced the penalty to Rs.10,000/-. It is the said judgment which is assailed in this revision. 3. Considering the fact that the petitioners had no direct role to play in the accused making himself scarce and were also Crl.R.P.No. 2496 of 2008 2 not privy to the abscondence of the accused and having regard to the fact that the petitioners are impecunious persons, I am inclined to reduce the penalty to Rs.5,000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty of Rs.5,000/- (Rupees five thousand only) within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl.R.P.is disposed of as above. Dated this the 28 th day of July, 2008 . V. RAMKUMAR, JUDGE sj