IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.Rev.Pet.No. 705 of 2010() ----------------------------- CRA.543/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA MC.65/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II, HARIPAD .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/SURETY ----------------------------------------------------------------------------------------------- VIJAYAMMA, D/O.LEKSHMI AMMA, KANNOLIL VEEDU, PILAPUZHA MURI, HARIPPAD VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.M.R.ARUN KUMAR RESPONDENT(S): RESPONDENT ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = Crl. R.P. No.705 of 2010 = = = = = = = = = = = = = = = = = Dated this the 25 th day of February, 2010. ORDER The revision petitioner was one of the sureties for the sole accused in S.T. No.477 of 2006 on the file of the J.F.C.M-II, Harippad. 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 sureties under Section 446 Cr.P.C by registering M.C. No.65 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.25,000/- each as penalty as per the impugned order dated 25.02.2009. 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 revision petitioner was privies to the abscondence of the accused and also having further Crl.R.P. No.705 of 2010 2 regard to the fact that the petitioner is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5,000/- (Rupees five thousand only). The petitioner shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 25th day of February, 2010. V. RAMKUMAR, JUDGE. sj