IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Crl.Rev.Pet.No. 739 of 2009() ----------------------------- CRA.195/2008 of SESSIONS COURT, THODUPUZHA INMC.18/2008 IN CC.96/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, DEVIKULAM .................... REVN. PETITIONER(S): APPELLANTS/REVN. PETITIONER. ------------------------------------------------- RAMASWAMY,S/O.KRISHNASWAMY, HOUSE NO.29, KEEZHANTHOOR GRAMAM, KEEZHANTHOOR VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.N.K.SHYJU RESPONDENT(S): RESPONDENT/RESPONDENT/COMPLAINANT. ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 739 of 2009 * * * * * * * * * * * * * * * * * * Dated: 25-02-2009 ORDER Petitioner who was one of the sureties for accused Nos. 1, 3 and 5 in C.C.No. 96 of 2003 on the file of the J.F.C.M. Devikulam along with the other surety was proceeded against under Section 446 Cr.P.C. consequent on the non-appearance of the three accused persons. The bond amount was Rs. 25,000/- in the case of each of the three accused persons. Since the petitioner had no valid explanation to be offered for the non-appearance of the accused, the learned Magistrate imposed the bond amount itself as penalty totaling to Rs. 75,000/-. On appeal preferred by the revision petitioner and the other surety as Crl.Appeal No. 195 of 2008 before the Sessions Court , Thodupuzha, the learned Sessions Judge reduced the penalty of each of the sureties to Rs.10,000/- as against each of the three accused persons. The total liability Crl.R.P. 739 of 2009 -:2:- of the revision petitioner as per the appellate judgment is Rs. 30,000/-. Hence, this Revision. 2. Having regard to the facts and circumstances of the case, including the impecunious circumstances in which the petitioner is placed, I am inclined to reduce the penalty to Rs. 6,000/- so that the total liability of the revision petitioner will be Rs. 18,000/- in relation to the three accused persons. The petitioner shall deposit the reduced penalty of Rs. 18,000/- before the trial court within one month from today failing which recovery proceedings shall be initiated by the Magistrate. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.