IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Crl.Rev.Pet.No. 416 of 2009() ----------------------------- CRA.66/2008 of SESSIONS COURT, KOTTAYAM MC.53/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... REVN. PETITIONERS:- APPELLANTS:- COUNTER PETITIONERS. -------------------------------------------------------------------- 1. MATHEW, S/O. CHACKO, KIZHAKKEBHAGATHU VEEDU, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 2. CHINNAMMA, W/O. MATHEW, DO...DO... BY ADV. MR.JOHNSON MANAYANI RESPONDENT:-RESPONDENT:-STATE. ------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ========================= Crl. R.P. No. 416 of 2009 ========================= Dated this the 9th day of February, 2009. O R D E R Petitioners, who are the sureties for the sole accused in C.C No.169 of 2003 on the file of the Chief Judicial Magistrate, Kottayam, were proceeded against under Section 446 Cr.P.C consequent on the non-appearance of the accused. The bond amount was Rs.25,000/-. To the show cause notice issued to the petitioners, they had no valid explanation to offer. As per Order dated 30.11.2007, the learned Chief Judicial Magistrate imposed the bond amount as penalty. On appeal preferred by the petitioners as Crl. Appeal No. 66 of 2008 before the Sessions Court, Kottayam, the learned Sessions Judge reduced the penalty to Rs.10,000/- each. Hence this revision. 2. Having regard to the fact that the accused in C.C No. 169 of 2003 subsequently appeared before the court and the case has been disposed of, I am inclined to reduce the penalty to Rs.5000/- (Rupees five thousand only) each. I am told that the petitioners have already remitted the penalty amount imposed by the lower appellate court. Each of the petitioners shall be entitled to refund of Rs.5000/- . This Crl.R.P is disposed of as above. Dated this the 9th day of February, 2009. V. RAMKUMAR, JUDGE. Rv Crl.R.P. No. 416 of 2009 : 2 : The 2nd and 3rd sentences of paragraph 2 of the order dated 09.02.2009 in Crl.R.P. No. 416/2009 are substituted by the following sentence:- “if the second petitioner has deposited Rs.10,000/- before the trial court, the same shall be treated as the penalty by both the petitioners who are husband and wife.” Vide order dated 04.03.2009 in Crl.M.A. No. 2272/2009 in Crl.R.P.No. 416/2009. sd/-Registrar (Judicial)