IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.Rev.Pet.No. 2051 of 2010() ------------------------------ CRA.No.421/2009 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM CC.157/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MUVATTUPUZHA .................... REVN. PETITIONER(S): --------------------- 1. CHUDALI, S/O. KARUPPAN, R/AT HOUSE NO. 171, NORTH DIVISION, MUNNAR, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. JOHN PETER, S/O.SELVARAJ R/AT HOUSE NO. 237, NORTH DIVISION, MUNNAR, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADVS. SRI.AJEESH S.BRITE SMT.DHRISYA MOHAN RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.B.JAYASURYA, PUBLIC PROSECUTOR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ami/ V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.2051 of 2010 ------------------------------- Dated this the 9th day of July, 2010. O R D E R The revision petitioners are the counter petitioners in M.C.No.14/08 in C.C.No.157/08 on the file of Judicial First Class Magistrate Court-II, Muvattupuzha, which is a proceedings initiated against the revision petitioners u/s.446 of Cr.P.C., as they failed to discharge their contractual obligation in producing the accused, being the sureties of the accused. By the above order, the learned Magistrate imposed a penalty of Rs.5,000/- against each of the revision petitioners. 2. In appeal, the appellate court reduced the amount and directed each of the revision petitioners to pay a sum of Rs.1,500/-, instead of Rs.5,000/- fixed by the trial court. In the appellate court order, time limit was fixed by the lower appellate court for paying the amount. Subsequently, Crl.M.P.No.1199/10 was moved in Crl.A.No.421/09 in the appellate court for extension of time for appearance and making the payment. The Crl. R.P.No.2051 of 2010 2 said petition was dismissed by the lower appellate court, against which the present revision petition is preferred. 3. Heard the learned counsel for the revision petitioners and also the learned Public Prosecutor. 4. The learned counsel submitted that the revision petitioners require some time to pay the amount as revised and refixed by the lower appellate court and there is no contention on merit. 5. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered favourably. Accordingly, each of the revision petitioners are directed to remit a sum of Rs.1,500/- being the penalty as modified and reduced and fixed by the lower appellate court, within one month from today and on payment of the said amount, the trial court is directed to receive the same, treating the same towards compliance of the order dated 29.1.2010 in Crl.A.No.421/09 of the lower appellate court. V.K.MOHANAN, Judge. ami/