IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 CRL.A.No. 80 of 2010() ---------------------- AGAINST THE ORDER DATED 24/04/2009 IN MC.30/2008 IN SC.486/2006 of ADDL. SESSIONS COURT (ADHOC-II), KASARAGOD. .................... APPELLANTS/COUNTER PETITIONERS:- -------------------------------------------- 1. ABDULLA HAJEE, S/O. ABDUL RAHMAN, 54 YEARS, KOTTAPPURAM, NILESHWAR. 2. PUTHIYA PALLILATH MUSTHAFA, S/O. KHADER, KOTTAPPURAM, NILESHWAR. BY ADV. MS. T.SUDHAMANI RESPONDENT:- --------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.80 of 2010 ------------------------------------------------------------ Dated this the 15th day of January, 2010. JUDGMENT The appellants were the sureties for the 1st accused in S.C. No. 486 of 2006 on the file of the Additional Sessions Court (Adhoc - II), Kasaragod. The bond amount was Rs.15,000/- 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. 30 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.10,000/- each as penalty as per the impugned order dated 24.04.2009. 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. 80/2010 : 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.5000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 15th day of January, 2010. V. RAMKUMAR, JUDGE. rv Crl.A. No. 80/2010 : 3:-