IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 CRL.A.No. 2549 of 2009() ------------------------ AGAINST THE ORDER DATED 20/10/2009 IN CRMC.1/2009 IN SC.49/2007 of ADDL. SESSIONS COURT (ADHOC-I), THODUPUZHA .................... APPELLANTS/SURETIES:- ---------------------------- 1. RAGHAVAN, AGED 58 YEARS, S/O. VELAYUDHAN, VENGASSERIL HOUSE, KEERITHODU KARA, KANJIKUZHI VILLAGE, THODUPUZHA TALUK. 2. KUNJEPU @ JOSEPH, AGED 52 YEARS, S/O. YOHANNAN, VELUMALAYIL HOUSE, KEERITHODU KARA, KANJIKUZHI VILLAGE, THODUPUZHA TALUK. BY ADV. MR. P.SANJAY MS. A.PARVATHI MENON MR. BIJU MEENATTOOR RESPONDENTS/ACCUSED & STATE:- ----------------------------------------- 1. BALAKRISHNAN NAIR, AGED 80 YEARS, S/O. NARAYANAN NAIR, CHERUMANNATH VEEDU, KIDANGOOR KARA, KOTTAYAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY SI OF POLICE, THODUPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MS. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2549 of 2009 ------------------------------------------------------------ Dated this the 2nd day of December, 2009. JUDGMENT The appellants were the sureties for the accused in S.C. No. 49 of 2007 on the file of the III Additional District & Sessions Court (Adhoc-I), Thodupuzha. The bond amount was Rs.15,000/- 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. 1 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.10,000/- each as penalty as per the impugned order dated 20.10.2009. 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. 2549/2009 : 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 2nd day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl.A. No. 2549/2009 : 3 :