IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.Rev.Pet.No. 819 of 2008() ----------------------------- CRA.172/2007 of SESSIONS COURT, THALASSERY MC.57/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... REVN. PETITIONER: REVN. PETITIONERS/APPELLANTS/COUNTER PETITIONERS ------------------------------------------------------------------ 1. ABOOBACKER SIDDIQUE, S/O. HAMZA, KUPPAM DESOM, KUPPAM, THALIPARAMBA, THALIPARAMBA TALUK, KANNUR. 2. T.CHANDRAN, S/O. KUNHAPPA, KUPPAM DESOM, KUPPAM, THALIPARAMBA, THALIPARAMBA TALUK, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. R.P. No. 819 of 2008 * * * * * * * * * * * * * * * * * * Dated: 17-3-2008 ORDER Petitioners were the sureties to the accused in C.P.124 of 2004 on the file of the J.F.C.M., Taliparamba. The bond amount was Rs. 10,000/- each. Consequent on the non-appearance of the accused in the above C.P. case petitioners were proceeded against under Sec. 446 Cr.P.C. To the show cause notice issued to them, they had no explanation to be offered except that the accused has slipped out of the country without their knowledge or connivance. The learned Magistrate imposed the bond amount as penalty. On appeal preferred by the petitioners as Crl. A. 172 of of 2007 before the Sessions Court , Thalassery the learned Sessions Judge reduced the penalty to Rs. 5,000/-. Hence this Revision. In the light of the decision of the Apex Court in Mohammed Kunju & Anr. v. State of Karnataka - 1999 (4) Crimes 320, since the petitioner had no role to pay in the accused slipping out of the country, the bond amount is reduced to Rs. 2,500/- (Rupees two thousand five hundred only). The petitioners shall deposit the reduced bound amount within one month from today failing which proceedings shall be initiated for realisation of the said amount. SD/-V. RAMKUMAR, (JUDGE) /true copy/ ani. V. RAMKUMAR, JUDGE ani/