IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 CRL.A.No. 2538 of 2009() ------------------------ AGAINST THE ORDER DATED 29/01/2008 IN MC 1/2008 IN SC.315/2005 of ADDL.SESSIONS COURT (ADHOC)-II, THODUPUZHA .................... APPELLANT/COUNTER PETITIONERS 2 & 3:- -------------------------------------------------- 1. KURIAKOSE, S/O.THOMMAN, NEDUMKALLEL VEEDU, ELLAKULLU KARA. 2. DEVASIA, S/O.KURIAKOSE, NEDUMKALLEL VEEDU, ELLAKULLA KARA. BY ADV. MR. S.SREEKUMAR RESPONDENTS/COMPLAINANT:- ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2538 of 2009 ------------------------------------------------------------ Dated this the 1st day of December, 2009. JUDGMENT The appellants were the sureties for the 2nd accused in S.C. No. 315 of 2005 on the file of the Additional District & Sessions Court (Adhoc – II), Thodupuzha. The bond amount was Rs.30,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the appellants under Section 446 Cr.P.C by registering M.C. No. 1 of 2008. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.30,000/- each as penalty as per the impugned order dated 29.01.2008. 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 appellants were privies to the abscondance of the accused and also having further regard Crl.A. No. 2538/3009 : 2 : to the fact that the appellants are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.7,500/- (Rupees seven thousand and five hundred only) each. The appellants shall deposit the reduced penalty before the court below within one month from today. The reduced penalty shall be adjusted from the amounts, if any, deposited by the 2nd appellant before the Tahsildar. This appeal is disposed of as above. Dated this the 1st day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl.A. No. 2538/3009 : 3 :