IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.Rev.Pet.No. 761 of 2011 ---------------------------------- (Crl.A.No.543 of 2010 of the SESSIONS COURT, KOTTAYAM DIVISION & M.C.NO.153/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ETTUMANOOR) -------------------- REVN. PETITIONERS(S): APPELLANTS/SURTIES 1 & 2 --------------------------------- 1. P.T.KRISHNAN, S/O.THANKAPPAN, KURUPPASSERIL VEEDU,PADINJAREMURY KARA, KUNNAMMA VILLAGE,ALAPPUZHA. 2. T.P.PONNAPPAN, S/O.PADMANABHAN, THATTAMKUZHIYIL VEEDU,THAMMANIMATTOM KARA, AIKARANADU SOUTH VILLAGE,KUNNATHUNADU,ERNAKULAM DISTRICT., BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN,J. ----------------------------------------------------- Crl.R.P.No. 761 of 2011 ---------------------------------------------------- Dated this the 11th day of April,2011 O R D E R The revision petitioners are the sureties in C.C.No.125 of 2010 of the Judicial First Class Magistrate Court-I, Ettumanoor, for the sole accused therein in which the offence alleged is under Section 379 of I.P.C. As the petitioners failed to produce the accused for whom they stood as sureties, the learned Magistrate initiated proceedings under Section 446 of Cr.P.C. Thus, M.C.No.153 of 2010 is instituted against them. Finally, by order dated 23.10.2010 in M.C.No.153 of 2010, each of the revision petitioners is held liable under Section 446 of Cr.P.C. and imposed a penalty of `.15,000/- each. Challenging the above order, though the revision petitioners have preferred an appeal, by judgment dated 1.1.2011 in Crl.A.No.543 of 2010, the court of Sessions, Kottayam dismissed the appeal confirming the order of the learned Magistrate. The present revision petition is preferred against the orders of the courts below. Crl.R.PNO.761 of 2011 :-2-: 2. Being the sureties, the petitioners are bound to produce the accused as and when they are required by the court. But, in spite of the service of notice on the petitioners, they miserably failed to discharge their contractual obligation and therefore, I find no reason to interfere with the order of the learned Magistrate as well as the appellate court in fixing the liability of the revision petitioners under Section 446 of Cr.P.C. 3. However, considering the facts and circumstances involved in the case, I am of the view that the amount fixed by the courts below as penalty requires some modification, especially the accused has absconded. In the result, while confirming the liability of the revision petitioners under Section 446 of Cr.P.C., the penalty amount fixed by the trial court and confirmed by the appellate court is reduced to `.5000/- each. Accordingly, each of the petitioners is directed to pay a sum of `.5000/- (Rupees Five Thousand only), being the penalty Crl.R.PNO.761 of 2011 :-3-: under Section 446 of Cr.P.C. Learned counsel for the revision petitioners submitted that in terms of the order passed by this Court on 15.3.2011 in Crl.M.A.No.2461 of 2011, each of the petitioners has already deposited a sum of `.5000/- in the trial court and accordingly, they have produced a memo producing the receipt. It is the further submission of the learned counsel that the said amount may be adjusted towards the penalty amount as modified and fixed by this Court. I find no reason to reject the above request. Accordingly, the Judicial First Class Magistrate Court-I, Ettumanoor is directed to adjust a sum of `.5000/- deposited by each of the petitioners in terms of order dated 15.3.2011 in Crl.M.A.No.2461 of 2011 towards the penalty amount as modified and fixed by this Court. As each of the revision petitioners has already deposited a sum of `.5000/- and the said amount is adjusted towards the penalty amount modified and fixed by this Court, the coercive steps, if any, pending against the revision petitioners shall stand cancelled. Crl.R.PNO.761 of 2011 :-4-: The Criminal Revision Petition is disposed of as above. V.K.MOHANAN, Judge. MBS/ Crl.R.PNO.761 of 2011 :-5-: