IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.Rev.Pet.No. 1841 of 2008() ------------------------------ CRA.92/2008 of SESSIONS COURT, ALAPPUZHA MC.11/2007 of ASSISTANT SESSIONS COURT, ALAPPUZHA .................... REVN. PETITIONER: APPELLANTS/COUNTER PETITIONERS ---------------------------------------------------------------- 1. SASI, S/O.PADMANABHAN, PARAPPALLYPADETTATHIL, THARAYIL VEEDU, POTHAPPALLY, VADAKKUM MURI, KUMARAPURAM VILLAGE. 2. RAJAMMA, D/O.THANKAMMA, PARAPPALLYPADETTATHIL, THARAYIL VEEDU, POTHAPPALLY, VADAKKUM MURI, KUMARAPURAM VILLAGE. BY ADV. SMT.A.SALINI LAL RESPONDENT: PETITIONER -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. P. RAVINDRABABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1841 of 2008 ========================== Dated this the 10th day of June, 2008. ORDER The petitioners were the sureties for the accused in S.C. No. 241 of 2007 on the file of the Principal Assistant Sessions Court, Alappuzha which was a prosecution under the Abkari Act. The bond amount was Rs.50,000/-. Consequent on the non- appearance of the accused before the court, the petitioners were proceeded against under Section 446 Cr.P.C in M.C. No. 11 of 2007. To the show cause notice issued to them in Form No. 48 of II Schedule to Cr.P.C., they had no valid explanation to be offered except that the accused had made himself scarce without their knowledge or connivance. The trial court as per order dated 05.01.2008 imposed the bond amount as penalty. On appeal preferred by the petitioner before the Sessions Court, Alappuzha as Crl. Appeal No. 92 of 2008, the Sessions Judge reduced the penalty to Rs.25,000/- each. Hence this revision. 2. Since the accused in S.C. No. 241 of 2007 is alleged to have gone abroad and also since it is not shown that the CRL.R.P.NO. 1841/2008 : 2: petitioners had actively or passively assisted the accused to slip out of the country, I am inclined to reduce the penalty to Rs.10,000/- each. Accordingly, the petitioners are directed to deposit the reduced amount of penalty within one month from today failing which recovery proceedings shall be initiated against them. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P.NO. 1841/2008 : 3: