IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.Rev.Pet.No. 585 of 2008() ----------------------------- CRA.15/2007 of SESSIONS COURT, KASARAGOD MC.60/2006 of JUDL. MAGISTRATE OF FIRST CLASS-I, KASARAGOD .................... REVN. PETITIONER/APPELLANT/COUNTER PETITIONER ------------------------------------------------------------- 1. A.G. ABDULLA, AGED 49 YEARS, S/O. BEERAN MOIDEEN, BOLUMBU, KURJAR, BELA VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. M. MOHAMMED, S/O. M. ABDULLA, PATLA VILLAGE, BOODH HOUSE, DOOR NO.IV/336, MADHUR GRAMA PANCHAYATH, KASARAGOD TALUK AND DIST. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 585 of 2008 ========================== Dated this the 7th day of March, 2008. ORDER The revision petitioners were the sureties for the accused in C.P. No. 171 of 2005 which was an abkari offence on the file of the Judicial First Class Magistrate-I, Kasaragod. Consequent on the non-appearance of the accused in C.P.No. 171/2007, proceedings were initiated against the petitioners under Section 446 Cr.P.C. The bond amount was Rs.20,000/- each. To the show cause notice issued to the petitioners, they were unable to offer any explanation except that they are unaware of the whereabouts of the accused. The learned Magistrate accordingly imposed the bond amount of Rs.20,000/- as penalty on each of the petitioners. On appeal preferred by the petitioners as Crl. Appeal No. 15/2007 before the Sessions Court, Kasaragod, that court reduced the penalty amount to Rs.10,000/-. It is the said order which is assailed in this revision. 2. In as much as both the petitioners are stated to be impecunious persons and the abscondance of the accused in CRL.R.P. NO. 585/2008 : 2: C.P.No. 171/2005 was without the aid or connivance of the petitioners, I am inclined to reduce the penalty amount to Rs.5000/-(Rupees five thousand only). Each of the petitioners shall pay the reduced penalty of Rs.5000/- within one month from today failing which appropriate proceedings shall be initiated against them. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 585/2008 : 3: