IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 CRL.A.No. 2730 of 2009() ------------------------ AGAINST THE ORDER DATED 16.10.2009 IN MC 98/09 IN SC.141/2008 of ADDL.SESSIONS COURT (ADHOC-I), KASARAGOD .................... APPELLANT/2ND COUNTER PETITIONER:- ---------------------------------------------- PRABHAKARAN, S/O. GOPALAN, DOOR NO.7/375, ETHIRTHODU, EDNEER P.O., PADDY VILLAGE, KASARAGOD DISTRICT. BY ADV. MR. KODOTH SREEDHARAN RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2730 of 2009 ------------------------------------------------------------ Dated this the 23rd day of December, 2009. JUDGMENT The appellant was the surety for the accused in S.C. No. 141 of 2008 on the file of the Additional Sessions Court (Adhoc - I), Kasaragod. The bond amount was Rs.10,000/-. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the appellant under Section 446 Cr.P.C by registering M.C. No. 98 of 2009. To the show cause notice issued to him, he did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.5000/- as penalty as per the impugned order dated 16.10.2009. 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 appellant was privy to the abscondance of the accused and also having further regard to the fact that the appellant is hailing from impecunious Crl. A. No. 2730 of 2009 : 2 circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.3000/- (Rupees three thousand only). The appellant shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 23rd day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl. A. No. 2730 of 2009 : 3