IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 CRL.A.No. 2541 of 2009() ------------------------ MC.39/2009 of ADDL.SESSN.COURT (ADHOC-II)KASARAGODE .................... APPELLANTS/COUNTER PETITIONERS/SURETIES:- ------------------------------------------------------- 1. KUNHAMMED, AGED 48 YEARS, S/O. MOOSA PACHAMBALA, ICHILANGODE.P.O. HEROOR VILLAGE, KASARGOD DISTRICT. 2. MARIYAMMA, AGED 31 YEARS, W/O. MOIDU, ICHILANGOD, HEROOR VILLAGE KASARAGOD. BY ADV. MR. S.JIJI RESPONDENT/ COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2541 of 2009 ------------------------------------------------------------ Dated this the 1st day of December, 2009. JUDGMENT The appellants were the sureties for the 2nd accused in S.C. No. 104 of 2008 on the file of the Additional Sessions Court (Adhoc - II), Kasaragod. The bond amount was Rs.20,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the appellants under Section 446 Cr.P.C by registering M.C. No. 39 of 2009. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.20,000/- each as penalty as per the impugned order dated 27.07.2009. 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 appellants were privies to the abscondance of the accused and also having further regard Crl. A. No. 2541 of 2009 : 2 : to the fact that the appellants are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 1st day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl. A. No. 2541 of 2009 : 3 :