IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 CRL.A.No. 2604 of 2009() ------------------------ M.C. NO. 65/2009 IN SC.422/2006 of ADDL. DISTRICT & SESSIONS COURT (ADHOC)-I, PATHANAMTHITTA .................... APPELLANTS/ SURETIES/COUNTER PETITIONERS:- -------------------------------------------------------- 1. RASHEEDA BEEVI, AGED 49 YEARS, W/O.BASHEER, RESIDING AT PARASU RAMAN PURAYIDATHIL VEEDU, KUMBAZHA, PATHANAMTHITTA. 2. FATHIMUTHU BEEVI, AGED 48 YEARS, W/O.ABDUL MUTHALIF, KEEZHAYATHU PURAYIDAM VEEDU, KUMBAZHA, PATHANAMTHITTA. BY ADV. MR. V.SETHUNATH RESPONDENT/COMPLAINANT/STATE:- ------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2604 of 2009 ------------------------------------------------------------ Dated this the 8th day of December, 2009. JUDGMENT The appellants were the sureties for the 55th accused in S.C. No. 422 of 2006 on the file of the Additional District & Sessions Court (Adhoc), Fast Track - I, Pathanamthitta. The bond amount was Rs.10,000/- 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.65 of 2009. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.9000/- each as penalty as per the impugned order dated 31.10. 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. 2604 of 2009 : 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 8th day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl.A. No. 2604 of 2009 : 3 :