IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 428 of 2008() ------------------------ SC.164/1995 of II ADDL.ASSISTANT SESSIONS COURT, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- SATHYAN K., S/O.P.P.KANNAN, PERUPURAYIL HOUSE, PANNIYOOR P.O., TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: COMPLAINANT ------------------------ STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 428 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-02-2008 ORDER Petitioner was one of the sureties of the accused in C.C. No. 38 of 2004 on the file of the J.F.C.M., Malappuram. The bond amount was Rs. 15,000/-. 2. Consequent on the non-appearance of the accused, proceedings were initiated against the petitioner and the other surety by the J.F.C.M., Malappuram as M.C. No. 11 of 2006. As the petitioner had no cause to be shown in response to the show cause notice issued to him, the learned Magistrate imposed a sum of Rs. 5000/- as penalty under Sec. 446 (3) Cr.P.C. The said order has been confirmed in appeal also. 3. Having regard to the fact that the petitioner is stated to be impecunious, I am inclined to reduce the penalty to Rs. 3,000/- (Rupees three thousand only). Petitioner shall deposit the reduced penalty before the trial Court within one month from today failing which he shall face the consequence of non-payment . Warrant, if any pending against the petitioner shall stand recalled. This Crl. R.P is disposed of as above. V. RAMKUMAR, (JUDGE) ani.