IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 CRL.A.No. 2732 of 2009() ------------------------ AGAINST THE ORDER DATED 12.11.2009 IN MC 133/09 IN SC.815/2007 of ADDL.SESSIONS COURT (ADHOC)-I, KASARAGOD .................... APPELLANT/ACCUSED:- --------------------------- 1. ABOOBACKER, S/O.MOIDEEN KUNHI, AGED 48 YEARS, R/AT SUNNADKA HOUSE, KUNJATHUR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. MARIYUMMA, W/O. UMMER, AGED 34 YEARS R/AT HOUSE NO.1/576, THUMMINAD HOUSE, KUNJATHUR VILLAGE, MANJESHWAR GRAMA PANCHAYATH, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. MR. KODOTH SREEDHARAN RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2732 of 2009 ------------------------------------------------------------ Dated this the 6th day of January, 2010. JUDGMENT The appellants were the sureties for the accused in S.C. No. 815 of 2007 on the file of the Additional Sessions Court (Adhoc – I), Kasaragod. 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 appellants under Section 446 Cr.P.C by registering M.C. No. 133 of 2009. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.20,000/- each as penalty as per the impugned order dated 12.11.2009. 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 appellants were privies to the abscondance of the accused and also having further regard Crl.A. No. 2732/2009 : 2 : to the fact that the appellants 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 appellants shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 6th day of January, 2010. V. RAMKUMAR, JUDGE. rv Crl.A. No. 2732/2009 : 3 :