IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.Rev.Pet.No. 134 of 2009() ----------------------------- CRA NO.577/2008 OF SESSIONS COURT, KOZHIKODE M.C.NO.68 OF 2007 IN S.T.NO.2105 OF 2005 OF JFCM-1, THAMARASSERY REVN. PETITIONER(S): APPELLANTS ------------------------------------------------------------ 1. RAMAN, S/O. THAYAMBATTY, POOVATHODIKKARA HOUSE, VENDEKKUNCHAL, KEDAVOOR. 2. POONDAYIL VETHA @ CHERIYA BETHA, S/O. KAIMA, KOODATHAYI AMSOM, PALONNA DESOM. BY ADV. SRI.R.SUDHISH RESPONDENT(S): STATE ------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 134 of 2009 = = = = = = = = = = = = = = Dated this the 19 th day of February, 2009 ORDER The petitioners, who were the sureties for the accused in S.T.No.2105 of 2005 on the file of the J.F.C.M-I, Thamarassery were proceeded against under Section 446 Cr.P.C consequent on the non appearance of the accused in the above case. Since the revision petitioners were unable to produce the accused, the learned Magistrate imposed the bond amount of Rs.10,000/- each as penalty as per order dated 30.11.07. On appeal preferred by the revision petitioners before the Sessions Court, Kozhikode as Crl.Appeal No.577 of 2008, the learned Sessions Judge dismissed the appeal, consequent on the dismissal of the petition to condone the delay Hence this Revision. 2. The petitioners have produced before this Court the Death Certificate of the accused in S.T.No.2105 of 2005 which shows that he was dead even before the date fixed for appearance before the J.F.C.M-I, Thamarassery. If so, the petitioner could not have produced the accused before the Magistrate even if they were diligent. This court directed the Registry to ascertain from the learned Magistrate whether the accused in S.T.No.2105 of 2005 was reported to be dead. It has Crl.R.P.No. 134 of 2009 2 been ascertained from the Magistrate that the accused was dead on 28.7.07 as revealed by the Death Certificate. If so, the imposition of penalty on the revision petitioners was unwarranted. The impugned orders are set aside and proceedings initiated as M.C.No.68 of 2007 in S.T.No.2105 of 2005 before the J.F.C.M-1, Thamarassery shall stand dropped. This Crl.R.P.is disposed of as above. Dated this the 19 th day of February, 2009. V. RAMKUMAR, JUDGE sj