IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.Rev.Pet.No. 1197 of 2010() ------------------------------ CRA.55/2010 of SESSIONS COURT, KASARAGOD MC.123/2004 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONERS/ APPELLANTS/SURETIES:- ---------------------------------------------------- 1. K. KARICHI, AGED 53 YEARS, W/O. BEERAN, RESIDING AT KANNOTH IN PULLUR VILLAGE OF HOSDURG TALUK, P.O. IRIYA. 2. MUTHU @ MUNDU, AGED 48 YEARS, S/O. KANNAN, RESIDING AT KANNOTH IN PULLUR VILLAGE OF HOSDURG TALUK, P.O. IRIYA. BY ADV. MR. C.K.SREEJITH RESPONDENTS/ RESPONDENTS:- ------------------------------------- 1. STATE OF KERALA REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CHIEF JUDICIAL MAGISTRATE, KASARAGOD. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1197 of 2010 ========================== Dated this the 7th day of April, 2010. ORDER The petitioners, who were the sureties for the accused in C.C. No.582 of 2002 on the file of the Chief Judicial Magistrate, Kasaragod were proceeded against under Section 446 Cr.P.C consequent on the non-appearance of the accused in the above case. The bond amount was for Rs.15,000/-. To the show cause notice issued to them in Form No. 48 of the II Schedule to Cr.P.C., the petitioners had no valid explanation to offer. The learned Magistrate imposed a penalty of Rs.10,000/-. The revision petitioner has preferred an appeal before the Sessions Court, Kasaragod as Crl. Appeal No.55 of 2010 with a delay petition. The learned Sessions Judge dismissed the delay petition and consequently the appeal. Hence this revision. 2. Having regard to the facts and circumstances of the case and also considering the fact that the petitioners are Crl.R.P. No. 1197/2010 -:2:- impecunious persons who were not privy to the abscondance of the accused in C.C. No. 582 of 2002, I am inclined to reduce the penalty to Rs.5000/- (Rupees five thousand only). The petitioners shall deposit the reduced penalty within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl. R.P is disposed of as above. Dated this the 7th day of April, 2010. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 1197/2010 -:3:-