IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 Crl.Rev.Pet.No. 1169 of 2011() ------------------------------------------- CRA.NO. 32/2011 of SESSIONS COURT, MANJERI MC.NO. 48/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MALAPPURAM .................... REVN. PETITIONER(S): APPELLANTS/COUNTER PETITIONERS ------------------------------------------------------------------------------------------- 1. YOOSAF, S/O.MAYINKUTTY, KAMBRAN HOUSE, KANNAMANGALAM, THIRURANGADI, MALAPPURAM DISTRICT. 2. KUNHI MOIDEENKUTTY, S/O.MAYINKUTTY, KAMBRAN HOUSE, KANNAMANGALAM, THIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE -------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/04/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J. ---------------------------- Crl.R.P.NO.1169 OF 2011 ---------------------------- Dated this the 29th Day of April, 2011. O R D E R The revision petitioners were the sureties of the accused in C.C.No.167/2007. They got released the accused on bail after executing a bail bond for Rs.10,000/-. Since they failed to produce the accused as undertaken by them the bail bonds were forfeited and steps were initiated under Section 446 of the Code of Criminal Procedure. Despite the acknowledgment of the notice calling upon the revision petitioners to shaw cause for not imposing penalty they did not appear before the trial court. Consequently, by order dated 1.6.2010 in M.C.No.48/2010, the trial court imposed the penalty of Rs.10,000/- each. Aggrieved by the said order the revision petitioners preferred Crl. Appeal No.32/2011 before the Sessions Judge, Manjeri. Though the Sessions Judge concurred with the order imposing penalty, the quantum was reduced to Rs.2,000/- each. Assailing the legality correctness and propriety of the above judgment this revision petition was filed. Having heard the learned counsel for the revision petitioner, I find no illegality ,irregularity or impropriety in the judgment under challenge. Violation of the terms of the bail bond is beyond dispute. The decision of the trial court to forfeit the bail bond is perfectly Crl.R.P.NO.1169 OF 2011 2 correct and requires no interference. The learned Sessions Judge was very lenient in reducing the penalty amount to Rs. 2,000/- each. The revision petition is devoid of merit and accordingly, the same is dismissed. The revision petitioners are granted 45 days time to remit the penalty amount. Till then coercive steps if any taken shall stand kept in abeyance. P.S.GOPINATHAN, JUDGE. pm/-