IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 CRL.A.No. 1971 of 2009() ----------------------------- M.C. NO. 14/2008 IN S.C. NO. 1426/2006 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-I), KOLLAM APPELLANTS/COUNTER PETITIONERS 2 & 3: ------------------------------------------------- 1. UMAIBA BEEVI, D/O.PATHU MUTHU, SAIBA NIVAS, KULATHUPUZHA, THINKALAKARIKKAKAM VILLAGE. 2. LEELA, D/O.BHAMA, CHARUVILA PUTHEN VEEDU, KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE. BY ADV. MR. SIJU KAMALASANAN RESPONDENT/PETITIONER:- ------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl. Appeal No. 1971 of 2009 ---------------------------------------------------- Dated this the 29th day of September, 2009. JUDGMENT The appellants were the sureties for the 2nd accused in S.C. No. 1426 of 2006 on the file of the Additional Sessions Court (Adhoc -I), Kollam. The 2nd accused stood charged for offences punishable under Sections 143, 147, 148, 149, 365, 324, 326 and 308 r/w Section 149 IPC. The bond amount was Rs.20,000/-. 2. Consequent on the non-appearance of the 2nd accused before the trial court, proceedings were initiated against the appellants under Section 446 Cr.P.C as M.C. No. 14 of 2008. To the show cause notice issued to them, they remained absent. The 2nd accused is admittedly in Gulf countries. The court below imposed a penalty of Rs.10,000/-. Hence this appeal. 3. In as much as there is nothing to indicate that the appellants had been privies to the abscondance of the 2nd accused who is slipped out of the country, I am inclined to Crl. Appeal No. 1971 of 2009 : 2 : reduce the penalty. Accordingly, the penalty imposed on the appellants is reduced to Rs.5000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty before the trial court within one month from today failing which appropriate proceedings shall be initiated against the appellants for their default. This appeal is disposed of as above. Dated this the 29th day of September, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 1971 of 2009 : 3 :