IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 10TH SEPTEMBER 2007 / 19TH BHADRA 1929 Crl.RC.No. 5 of 2003() ---------------------- AGAINST THE ORDER IN CRA.No.115/2003 OF JFCM-I, MANJERI MC.205/1997 IN CRL.A.NO.148/99 OF JFCM-I, MANJERI .................... PARTIES : ---------------- 1. JUDICIAL FIRST CLASS MAGISTRATE-I, MANJERI. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, MANJERI. 3. CHAKKUNGALTHODIKA NANIKKANNU, S/O.MOHAMMED, OOLLIE WORKER, AMBALAKKADAVU, KALIKAVU, NILABUR TALUK. 4. KUNNAMPALLI ABDUL KHADER, S/O.ALAI(LATE0 COOLIE, WORKER, AMBALAKKADAVU, KALIKAVU, NILAMBUR TALUK. BY ADV. SMT.K.V.RESHMI SRI.C.M.KAMMAPPU BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL RIVISION CASE HAVING BEEN FINALLY HEARD ON 10/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J ----------------------------------------- Crl.R.C.No.5 of 2003 ----------------------------------------- Dated this the 10th day of September, 2007 O R D E R Suo motu revision was taken as it was reported by the Sessions Judge that the respondents herein were the sureties to the accused who absconded in S.T.2379/96 in the file of Judicial First Class Magistrate Court-I, Manjeri and the proceedings were initiated against the appellants under Section 446 of Crl.P.C. and they filed Crl.A.No.115/2003 before the Sessions Court suppressing the fact that they had earlier filed Crl.A.No.148/99 which is dismissed by the Sessions Judge. When they filed Crl.A.No.115/2003, the penalty was reduced to fine. 2. In the circumstances, the decision in Crl.A.No.115/03 is herewith set aside. The decision in Crl.A.No.148/99 will prevail. They are granted three months' time to remit the amount of penalty. The Crl.R.C. is disposed of accordingly. K.R.UDAYABHANU, JUDGE csl