IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.Rev.Pet.No. 2777 of 2008() ------------------------------ CRA.297/2006 of SESSIONS COURT, PATHANAMTHITTA CC.511/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II , PATHANAMTHITTA .................... REVN. PETITIONER: PETITIONERS -------------------------------------- 1. THOMAS, S/O.JOHN, AGED 40 YEARS, ELAKKAD HOUSE, AANNIKKADU MURI, MALLAPPALLY TALUK. 2. OUSEPH, S/O.PATHROSE, VALLIYAMKULAM HOUSE, AANNIKKADU MURI, MALLAPPALLY TALUK. BY ADV. SRI.BIJU M.JOHN RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2777 of 2008 ========================== Dated this the 19th day of August, 2008. ORDER The petitioners were the sureties for the 1st accused in C.C. No. 511 of 2003 on the file of the Judicial First Class Magistrate- II, Pathanamthitta for offences punishable under Sections 323 and 324 r/w Section 34 IPC. The bond amount was Rs. 10,000/- each. Consequent on the non-appearance of the said accused before the Court, proceedings under Section 446 Cr.P.C. were initiated against the revision petitioners. To the show cause notice issued to them in form No. 48 of the II Schedule to Cr.P.C., the revision petitioners had no valid explanation for the abscondance of the 1st accused. The trial court thereupon imposed the bond amount as penalty. On appeal preferred by the revision petitioners as Crl. Appeal No. 297 of 2006 before the Sessions Court, Pathanamthitta, the learned Sessions Judge dismissed the appeal confirming the order of the trial court. Hence this revision. CRL.R.P.NO. 2777/2008 : 2: 2. Having regard to the fact that the 1st accused for whom the revision petitioners stood as sureties, was subsequently tried and convicted and his sentence was reduced in an appeal filed by him as Crl. Appeal No. 323 of 2005 before the Sessions Court, Pathanamthitta, I am inclined to show some leniency in the penalty payable by the revision petitioners particularly when it is not shown that they were privys to the abscondance of the accused in C.C.No. 511 of 2003. The penalty imposed on the revision petitioners is accordingly reduced to Rs.5000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the trial court within one month from today, failing which recovery proceedings shall be initiated against them. This Crl.R.P. is disposed of as above. Dated this the 19th day of August, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P.NO. 2777/2008 : 3: