IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Crl.Rev.Pet.No. 1166 of 2008() ------------------------------ CRA.153/2007 of SESSIONS COURT (ADHOC-II), MANJERI C.C. NO. 28/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI .................... REVN. PETITIONER: APPELLANTS/RESPONDENTS ------------------------------------------------------- 1. VEERANKUTTY, AGED 41 YEARS, S/O.IBRAHIM VALIYAT PALAPETTY HOUSE, P.O.VAZHAKKAD ERNAD TALUK, MALAPPURAM DISTRICT 2. HARIS, AGED 36 YEARS, S/O.VEERANKUTTY PULIKKATHODI HOUSE, CHERUVAYUR P.O. ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS: RESPONDENT/PETITIONER ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1166 of 2008 ========================== Dated this the 4th day of April, 2008. ORDER The petitioners, who were the sureties for the 2nd accused in C.C. No. 28 of 2006 before the Judicial First Class Magistrate-II (Forest Offences), Manjeri, were proceeded against under Section 446 Cr.P.C due to the non appearance of the 2nd accused. The bond amount was Rs.25,000/-. To the show cause notice issued to them, they had no explanation to offer except that the 2nd accused had slipped out of the country without their knowledge or connivance. The learned Magistrate imposed a sum of Rs.20,000/- as penalty. On appeal preferred by the petitioners before the Sessions Court, Manjeri as Crl. Appeal No. 153/2007, the lower appellate court reduced the penalty to Rs.10,000/- each. Hence this revision. 2. The 2nd accused in C.C. No. 28 of 2006 is still at large and is reported to be abroad. There is nothing to indicate that the petitioners had any role to play in the accused making himself scarce and slipping out of the country. Under these CRL.R.P. NO. 1166/2008 : 2 : circumstances, in the light of the decision of the Supreme Court in Muhammed Kunju v. State of Karnataka (1994 (4) Crimes 320), I am inclined to reduce the penalty to Rs.5000/-. The petitioner shall deposit the penalty amount within one month from today failing which recovery proceedings shall be initiated against them. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 1166/2008 : 3 :