IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Crl.Rev.Pet.No. 1004 of 2009() ------------------------------ CRA.59/2008 of SESSIONS COURT, PATHANAMTHITTA MC.37/2007 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANTS/COUNTER PETITIONERS --------------------------------------------------- 1. UMMER, S/O.MAMMED, PUTHUSSERIL VEEDU, PEZHAKKAPPILLI MURI, MULAVOOR VILLAGE. 2. NOUSHAD, S/O.IBRAHIM, MOOLAYIL VEEDU, VAZHAPPILLI MURI, VELLOORKUNNAM VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................. Crl.R.P.No. 1004 of 2009 ............................................. Dated this the 24th day of March 2009 ORDER The petitioners, who were the sureties for the accused in C.C. No. 404 of 2000 on the file of Chief Judicial Magistrate, Pathanamthitta, were proceeded against under Section 446 Cr.P.C consequent on the non appearance of the accused in the above case. The bond amount was for Rs.10,000/-. To the show cause notice issued under Form 48 of the II Schedule of Cr.P.C the petitioners had no valid explanation to offer. The learned Magistrate imposed the bond amount as penalty. On appeal preferred by the revision petitioners before the Sessions Court, Pathanamthitta as Crl.Appeal No. 59 of 2008, the learned Sessions Judge reduced the penalty to Rs. 5,000/-. Hence this Revision. 2. Having regard to the facts and circumstances of the case and also considering the fact that the petitioners are impecunious persons who were not privy to the abscondance of the accused in C.C. 404 of 2000, I am inclined to reduce the penalty to Rs.3,000/- (Rupees three thousand only). The Crl.R.P.No. 1004 of of 2009 2 petitioners shall deposit the reduced penalty 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 24th day of March, 2009. V. RAMKUMAR, JUDGE ani/