IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 CRL.A.No. 2568 of 2009() ------------------------ SC.618/2007 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... APPELLANT:- -------------- P.K. KRISHNAN, S/O. KOGGU, R/AT NR. LADIES HOSTEL ANANGOOR. BY ADV. MR. T.B.SHAJIMON MS. GOVINDU P.RENUKADEVI RESPONDENT:- ------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2568 of 2009 ------------------------------------------------------------ Dated this the 3rd day of December, 2009. JUDGMENT The appellant was one of the sureties for the accused in S.C. No. 618 of 2007 on the file of the Additional Sessions Court (Adhoc) - III, Kasaragod. The bond amount was Rs.15,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the appellant and the other surety under Section 446 Cr.P.C by registering M.C. No. 125 of 2009. To the show cause notice issued to them, he did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.15,000/- each as penalty as per the impugned order dated 02.11.2009. It is the said order which is assailed in this appeal. 2. Having regard to the fact that there is nothing on record to show that the appellant was privy to the abscondance of the accused and also having further regard Crl. Appeal No. 2568 of 2009 : 2 : to the fact that the appellant is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only). The appellant shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 3rd day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2568 of 2009 : 3 :