IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 CRL.A.No. 2406 of 2009() ------------------------ AGAINST THE ORDER DATED 07/12/2004 IN CRMC. 1762/2004 IN SC.361/2004 of V ADDL.SESSIONS COURT, ERNAKULAM .................... APPELLANTS/CR.PETITIONERS 3 & 2(SURETIES 2 & 1):- ------------------------------------------------------------- 1. SARASAMMA,KALATHIL HOUSE,THAICKAL, KADAKKARAPPALLY VILLAGE, CHERTHALA TALUK. 2. PURUSHOTHAMAN,S/O.NARAYANAN, POLLAYIL HOUSE, ANDAKARANAZHI, PATTANAKKAD VILLAGE, CHERTALA TALUK. BY ADV. MR. K.M.VARGHESE RESPONDENT/PETITIONER:- -------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2406 of 2009 ------------------------------------------------------------ Dated this the 13th day of November, 2009. JUDGMENT The appellants were the sureties for the 3rd accused in S.C. No. 361 of 2004 on the file of the V Additional Sessions Court, Ernakulam. 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. 1762 of 2004. 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 07.12.2004. 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 to the fact that the appellants are hailing from impecunious Crl. Appeal No. 2406 of 2009 : 2 : 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 13th day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2406 of 2009 : 3 :