IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.Rev.Pet.No. 1294 of 2008() ------------------------------ CRA.519/2007 of ADDL. SESSIONS COURT-II, MAVELIKKARA SC.187/2006 of ASSISTANT SESSIONS COURT, MAVELIKKARA (MC.30/2007) .................... REVN. PETITIONER: APPELLANTS/CR.PETIITONERS ------------------------------------------- 1. APPU @ PUSHKARAN, AGED 60, S/O.DAMODARAN ANGILIPARAMBIL VEEDU, AMBALAPUZHA MURI. 2. MANMADAN NAIR, S/O.GOPALA PILLAI AGED 68, NEDUVILIL VEEDU, AMBALAPUZHA MURI. BY ADV. SRI.N.SURESH RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.P.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 1294 OF 2008 * * * * * * * * * * * * * * * * * * Dated: 30-05-2008 ORDER Petitioners who are the sureties for the accused in S.C. 187 of 2006 on the file of Addl. Sessions Judge II, Mavelikkara which was a prosecution under the Abkari Act were proceeded against under Sec. 446 Cr.P.C. consequent on the non-appearance of the accused. The bond amount was Rs. 25,000/- each. To the show cause notice issued to the petitioners in Form 48 of Schedule 2 of Cr.P.C. they had no valid explanation to offer except that the accused had made himself scarce without their knowledge or connivance. The trial court as per judgment dated 23-8-2007 imposed the bond amount itself as penalty on each of the sureties. Aggrieved by the said order, the petitioners preferred an appeal before the Addl. Sessions Judge II, Mavelikkara as Crl. Appeal No. 519 of 2007 . As per judgment dated 24-11-2007, the lower appellate court reduced penalty to Rs. 20,000/- each. Hence, this Revision. 2. In as much as the accused in the above Sessions Case Crl.R.P. 1294 of 2008 -:2:- is still absconding and there is nothing to indicate that the petitioners had actively or passively facilitated the abscondance of the accused, I am inclined to show some more leniency towards the petitioners. Accordingly, the bond amount of the petitioners is reduced to Rs. 7,500/- (Rupees seven thousand five hundred only) each. The said amount shall be deposited before the trial court within one month from today failing which recovery proceedings shall be initiated. This Crl.R. P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.