IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 CRL.A.No. 6 of 2010() --------------------- AGAINST THE ORDER DATED 10/11/2009 IN MC 13/09 IN SC.248/2008 of IV ADDL. SESSIONS COURT (ADHOC-II), THODUPUZHA .................... APPELLANT/COUNTER PETITIONER:- ----------------------------------------- PONNUSWAMI, S/O.LAZAR, V/P-1/750, PULIYANMALA KARA, VANDANMEDU VILLAGE. BY ADV. MR. JOICE GEORGE RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.6 of 2010 ------------------------------------------------------------ Dated this the 5th day of January, 2010. JUDGMENT The appellant was one of the sureties for the sole accused in S.C. No. 248 of 2009 on the file of the IV Additional Sessions Court (Adhoc - II), Thodupuzha. The bond amount was Rs.25,000/- each. Consequent on the non- appearance of the accused before the court below, proceedings were initiated against the appellant under Section 446 Cr.P.C by registering M.C. No. 13 of 2009. To the show cause notice issued to him, he did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.25,000/- as penalty as per the impugned order dated 10.11.2009. 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 appellant was privy to the abscondance of the accused and also having further regard Crl.A. No. 6/2010 : 2 : to the fact that the appellant is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only). The appellant shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 5th day of January, 2010. V. RAMKUMAR, JUDGE. rv Crl.A. No. 6/2010 : 3 :