IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.Rev.Pet.No. 317 of 2008() ----------------------------- CRA.263/2007 of SESSIONS COURT, KALPETTA MC.4/2005 of JUDL.MAGISTRATE OF FIRST CLASS, SULTHANBATHERY .................... REVN. PETITIONER: APPELLANT/COUNTER PETITIONER ---------------------------------------------- LAKSHMI.K, D/O SANKARAN, KOLERI, PURAKKADI AMSOM, SULTHAN BATHERY, WAYANAD. BY ADV. SRI.RAFFEEKH.K RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 317 of 2008 * * * * * * * * * * * * * * * * * * Dated: 19-02-2008 ORDER Petitioner who was one of the sureties for the accused in C.P. No. 7 of 2005 on the file of the J.F.C.M.I, S. Bathery which was an abkari offence, challenges the orders concurrently passed by the courts below directing him to pay the bond amount of Rs. 20,000/- as penalty. 2. Consequent on the on-appearance of the accused in C.P. 7 of 2005 before the Magistrate proceedings were initiated against the petitioner and the other surety under Sec. 446 Cr.p.C. To the show cause notice issued to the petitioner she had no cause to be shown except an undertaking that she will produce the accused before court. Subsequently, she claims to have produced the accused who was tried before the I Addl. Sessions Court, Kalpetta as S.C. 71 of 2007. 3. Since the subsequent appearance of the accused in the abkari offence was not relevant for consideration, the trial court directed the petitioner to pay the bond amount of Rs. 20,000/- as penalty. Even though the petitioner preferred an appeal before the Sessions Court, Kalpetta as Crl. Appeal 263 of 2007, since the appeal was filed with a delay of 927 days, the Sessions Court considering the -:2:- fact that the petitioner is a lady who was working as a servant in the house of the accused and considering the fact that the accused was subsequently tried before the Addl. Sessions court and further having regard to the impecunious circumstances the petitioner is placed, I am inclined to reduce the penalty to Rs. 7,500/-. Accordingly, the petitioner is directed to deposit the reduced amount of Rs. 7,500/- as penalty before the trial court within one month failing which she shall suffer the consequences. This Crl.R.P is disposed of as above. V. RAMKUMAR, (JUDGE) ani.