IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Crl.Rev.Pet.No. 505 of 2008() ----------------------------- CRA.123/2007 of SESSIONS COURT (ADHOC-II),MANJERI. MC.8/2006 of ASSISTANT SESSIONS COURT, TIRUR .................... APPELLANT/IST COUNTER PETITIONER -------------------------------------------- VILAKKERI KUNHIMOHAMMED, S/O.ABDUL RAHIMAN, PALATHINGAL HOUSE, NEDUVA AMSOM, ULLANNAM DESOM, THIRURANGADI TALUK, PARAPPANANGADI, MALAPPURAM. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: RESPONDENT/COMPLAINANT -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 505 of 2008 ========================== Dated this the 4th day of March, 2008. ORDER The petitioner, who was one of the sureties for accused No.2 in S.C. No. 46 of 2005 on the file of the Assistant Sessions Court, Tirur, was proceeded against under Section 446 Cr.P.C consequent on the non-appearance of the accused before the court. The bond amount was Rs.10,000/-. Except stating that the accused has gone abroad, the petitioner had no explanation to the show cause notice issued to him as to why the bond amount of Rs.10,000/- should not be imposed as penalty. The trial court took a lenient view and reduced the penalty by 50%. The said decision has been confirmed in appeal. Hence this revision. 2. In as much as the accused for whom the petitioner stood as one of the sureties went abroad, and also since the petitioner had no role to play in the accused slipping out of the country, the courts below have been indulgent enough to reduce the penalty by 50%. No further reduction is called for. I see no ground to interfere with the impugned orders. This Crl.R.P is accordingly dismissed. V. RAMKUMAR, JUDGE. rv