IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 CRL.A.No. 1906 of 2009() ------------------------ AGAINST THE ORDER DATED 04/05/2009 IN MC. 99 /2008 IN SC.718/2003 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM .................... APPELLANT(S): APPELLANTS/COUNTER PETITIONERS --------------------------------------------------------------------------------------- 1. AFIFA BEEVI, S/O.MAHEEN, PACHIKODE VEEDU, VAZHIMUKKU, ATHIYANOOR VILLAGE,. 2. YESUDAS, S/O.SIMSOON NADAR, MELEPUTHEN VEEDU, CHANAIKKARA, CHALIYODE, THALAYILDESOM, ATHIYANOOR VILLAGE,. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): PETITIONER ------------------------------------------------- STATE OF KERALA, REP.REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT. PUSHPA LATHA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = = = = = = Crl. Appeal No. 1906 of 2009 = = = = = = = = = = = = = = = = = = = = == Dated this the 17 th day of September, 2009. ORDER The appellants, who were the sureties of accused No.12, Salil Ahammed, in S.C.No.718 of 2003 on the file of the Additional Sessions Court, Fast Track (Adhoc)-II, Trivandrum, challenge the order dated 4.5.2009 passed by the said court imposing a penalty of Rs.15,000/-(Rupees fifteen thousand only) on each of them. Consequent on the non-appearance of A12 before court, the court below proceeded against the appellants under Section 446 Cr.P.C. by registering M.C.No.99 of 2008. The bond amount was Rs.25,000/- each. Having regard to the fact that there is nothing to indicate that the appellants were privy to the 12th accused's absconding, I see no reason why the penalty amount of the appellants should not be reduced. Accordingly, the penalty imposed on the appellants is reduced to Rs.7,500/- each. The appellants shall deposit the reduced penalty before the court below within one month from today. In the event of default and in case the Cr.Appeal No.1906 2 penalty becomes eventually irrecoverable, the defaulting appellant shall undergo imprisonment in civil prison for six months. Dated this the 17th day of September, 2009. V. RAMKUMAR, JUDGE. sj