IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.Rev.Pet.No. 2740 of 2005() ------------------------------ CRA.390/2004 of ADDL. SESSIONS COURT, THRISSUR MC.19/2004 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... REVN. PETITIONER: APPELLANT/COUNTER PETITIONER. ----------------------------------------------- 1. PRASANNA, W/O.KRISHNAN, APPOZHEM HOUSE, METHALA VILLAGE, KODUNGALLUR TALUK. 2. VISWANATHAN, S/O.ANNAKKATTIL VEEDU, METHALA VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: RESPONDENT. ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 2740 of 2005 = = = = = = = = = = = = = = Dated this the 11 th day of July, 2008 ORDER The petitioners, who were the sureties for the 1st accused in C.C.No.198 of 2001 on the files of the Chief Judicial Magistrate, Thrissur for an offence punishable under Section 420 IPC were proceeded against under Section 446 Cr.P.C for the non appearance of the 1st accused in the above case. The bond amount was Rs.10,000/-. The petitioners had no valid explanation to offer in response to the notice in Form No.48 of II Schedule Cr.P.C.. The learned Magistrate imposed the bond amount as penalty. Their appeal before the 1st Additional Sessions Court, Thrissur as Crl.Appeal No.390/2004 did not succeed. Hence this Revision. 2. Considering the fact that the 1st accused had subsequently appeared and had pleaded guilty and the other facts and circumstances of the case, I am inclined to reduce the penalty to Rs.5,000/- each. If the petitioners have already deposited the reduced penalty before the trial court pursuant to Crl.R.P.No. 2740 of 2008 2 the directions of this Court, they need not deposit any further amount, otherwise, the petitioners shall deposit the reduced penalty within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl.R.P.is disposed of as above. V. RAMKUMAR, JUDGE sj