IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.Rev.Pet.No. 689 of 2010() ----------------------------- CRA.564/2003 of ADDL.SESSIONS COURT, THALASSERY MC.60/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... REVN. PETITIONER(S): APPELLANTS/COUNTER PETITIONERS ------------------------------------------------------------------------------------------------------ 1. M.RADHAKRISHNAN, S/O.KUNHIKANNAN, SMARA NIVAS, CHALA EAST P.O., KANNUR. 2. SREEJA, AGED 36 YEARS, W/O.M.RADHAKRISHNAN, SMARA NIVAS, CHALA EAST PO, KANNUR. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENT(S): RESPONDENT/PETITIONER ---------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = Crl. R.P. No.689 of 2010 = = = = = = = = = = = = = = = = = Dated this the 25 th day of February, 2010. ORDER The revision petitioners were the sureties for the sole accused in C.C. No.340 of 2000 on the file of the J.F.C.M-I, Kannur. The bond amount was Rs.25,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the petitioners under Section 446 Cr.P.C by registering M.C. No.60 of 2003. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.10,000/- each as penalty as per the impugned order dated 14.07.2003 . It is the said order which is assailed in this revision. 2. Having regard to the fact that there is nothing on record to show that the petitioners were privies to the abscondance of the accused and also having further regard Crl. R.P.No.689/2010 : 2 : to the fact that the petitioners are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5,000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the court below within two months from today. This revision is disposed of as above. Dated this the 25th day of February, 2010. V. RAMKUMAR, JUDGE. sj Crl. R.P.No.689/2010 : 3 :