IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 CRL.A.No. 2289 of 2009() ------------------------ MC.2/2008 of SESSIONS COURT, THODUPUZHA .................... APPELLANT/COUNTER PETITIONER:- ---------------------------------------- RAMAN, AGED 43 YEARS, S/O.CHELLAPPAN, HOUSE NO.TP 291, PETTIMUDI KARA, CHINNAKANAL VILLAGE. BY ADV. MR. A.T.ANILKUMAR RESPONDENT:- ------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2289 of 2009 ------------------------------------------------------------ Dated this the 2nd day of November, 2009. JUDGMENT The appellant was one of the sureties for the accused in S.C. No. 532 of 2007 on the file of the Sessions Court, Thodupuzha. The bond amount was Rs.25,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the appellant and the other surety under Section 446 Cr.P.C by registering M.C. No. 2 of 2008. To the show cause notice issued to them, he did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.25,000/- each as penalty as per the impugned order dated 29.08.2008. 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.A.No.2289/2009 : 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.5000/- (Rupees five 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 2nd day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl.A.No.2289/2009 : 3 :