IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 CRL.A.No. 2205 of 2009() ------------------------ AGAINST THE ORDER DATED 26/09/2009 IN CRMC.47/2009 IN SC.991/2006 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM .................... APPELLANT(S): --------------------- LAILA R, D/O. NARAYANAN, KUZHIVILAKATHU HOUSE, KIZHAKKUMKARA, KOLLUMURI, ATTIPPRA VILLAGE, KULATHOOR P.O., THIRUVANANTHAPURAM DIST. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): ------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = = = = Crl. A. No. 2205 of 2009 = = = = = = = = = = = = = = = = = = = = Dated this the 29 th day of October, 2009. JUDGMENT The appellant who was one of the sureties for the 4th accused in S.C. No. 991 of 2006 on the file of the Additional Sessions Court-I, Thiruvananthapuram. 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 appellant under Section 446 Cr.P.C by registering M.C. No. 47 of 2009. To the show cause notice issued to her, she did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.10,000/- as penalty as per the impugned order dated 26.09.2009. 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 appellant was privy to the abscondance of the accused and also having further regard Crl. Appeal No. 2205/2009 : 2 : to the fact that the appellant is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.3,000/- (Rupees three thousand only) . The appellant shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 29th day of October, 2009. V. RAMKUMAR, JUDGE. sj Crl. Appeal No. 2205/2009 : 3 :