IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.Rev.Pet.No. 882 of 2010() ----------------------------- CRA.150/2008 of SESSIONS COURT, KOTTAYAM MC.36/2007 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVN. PETITIONER(S): ----------------------------------- 1. NARAYANA PILLAI,S/O.GOPALA PILLAI, PALACKAL HOUSE, CHIRAKKADAVAU KARA, DO. VILLAGE, KOTTAYAM. 2. K.N.SOMAN,S/O.NARAYANAN, VETTICKAPALLIL, CHIRAKKADAVU KARA, DO. VILLAGE. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = Crl. R.P. No.882 of 2010 = = = = = = = = = = = = = = = = = Dated this the 10 th day of March, 2010. ORDER The revision petitioners were the sureties for the sole accused in C.C.No.225 of 2001 on the file of the J.F.C.M, Vaikom. 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.36 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.10,000/- each as penalty as per the impugned order dated 5.09.2008. It is the said order which is assailed in this appeal. 2. Having regard to the fact that there is nothing on record to show that the petitioners were privies to the abscondance of the accused and also having further regard Crl.R.P. No.882 of 2010 2 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.5,000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the court below within two months from today. This appeal is disposed of as above. Dated this the 10th day of March, 2010. V. RAMKUMAR, JUDGE. sj