IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.Rev.Pet.No. 2808 of 2009() ----------------------------------------------- AGAINST THE ORDER DATED 29/06/2009 IN CRMP.792/09 IN CRA..../2009 of SESSIONS COURT, KOLLAM SC.826/2004 of ASSISTANT SESSIONS COURT, KOTTARAKKARA (MC.1/2007) .................... REVN. PETITIONER(S): COUNTER PETITIONERS ----------------------------------------------------------------------------- 1. RAGHAVAN,S/O.RAMAN,PARAVIL PUTHEN VEEDU, CHAKKUVARAKKAL MURI,CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK,KOLLAM DISTRICT. 2. LEKSHMIKUTTY ,D/O.KESAVAN,PARAVIL PUTHEN VEEDU,CHAKKUVARAKKAL MURI, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK,KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE,PUNALUR,KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.P.R.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = Crl. R.P. No.2808 of 2009 = = = = = = = = = = = = = = = = = Dated this the 6 th day of January, 2010. ORDER The revision petitioners were the sureties for the sole accused in S.C. No.826 of 2004 on the file of the Assistant Sessions Judge, Kottarakkara. The bond amount was Rs.25,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the petitioners under Section 446 Cr.P.C by registering M.C. No.1 of 2007. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.25,000/- each as penalty as per the impugned order dated 31.01.2007 . It is the said order which is assailed in this appeal. Crl.R.P.No.2808/09 -:2:- 2. Having regard to the fact that there is nothing on record to show that the petitioners were privies to the abscondence of the accused and also having further regard to the fact that the petitioners are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the court below within one month from today. This Cr.R.P. is disposed of as above. Dated this the 6th day of January, 2010. V. RAMKUMAR, JUDGE. sj Crl.R.P.No.2808/09 -:3:-