IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 CRL.A.No. 9 of 2010() --------------------- M.C. NO. 146/2009 IN SC.111/2000 of ADDL.SESSIONS COURT (ADHOC-I), KASARAGOD .................... APPELLANT/ACCUSED:- -------------------------- SUDHAKARAN, AGED 37 YEARS, S/O.CHOMA, R/AT CHENAKOODU HOUSE, KUTTIKKANA P.O., NEERCHAL (VIA), KASARAGOD DISTRICT. BY ADV. MR. KODOTH SREEDHARAN RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 9 of 2010 ------------------------------------------------------------ Dated this the 5th day of January, 2010. JUDGMENT The appellant was the surety for the accused in S.C. No. 111 of 2000 on the file of the Additional Sessions Court (Adhoc - I), Kasaragod. The bond amount was Rs.35,000/-. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the appellant under Section 446 Cr.P.C by registering M.C. No. 146 of 2009. To the show cause notice issued to him, he did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.25,000/- as penalty as per the impugned order dated 30.11.2009. 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 appellant was privy to the abscondance of the accused and also having further regard to the fact that the appellant is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only). The appellant shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 5th day of January, 2010. V. RAMKUMAR, JUDGE. rv