IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 6TH SEPTEMBER 2007 / 15TH BHADRA 1929 Crl.MC.No. 4857 of 2003() ------------------------- CRA.219/2002 of SESSIONS COURT, THODUPUZHA (CRMP. 2356 /2002) .................... PETITIONERS: ACCUSED ------------------- 1. MARKOSE S/O. DEVASSIA, KALLIDAMTHOTIYIL HOUSE, EDAMARUKU KARA, UDUMBANNUR VILLAGE, IDUKKI DISTRICT. 2. CHACKO S/O.OUSEPH, THEUNDETHIL, EDAMARUKU KARA, UDUMBANUR VILLAGE, IDUKKI DISTRICT 3. OUSEPH S/O. DEVASSIA, KARIMANAL HOUSE, UDUMBANNUR VILLAGE, EDAMARUKU KARA, IDUKKI DIST. 4. CHACKO S/O. MICHAEL, VADAKKEPARAMBIL HOUSE, UDUMBANNUR VILLAGE, EDAMARUKU KARA, IDUKKI DISTRICT. BY ADV. SRI.K.R.SACHIDANANTHAN RESPONDENT: COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.M.C.No.4857 of 2003 --------------------------------------------- Dated this the 6th day of September, 2007 O R D E R The petitioners 4 in number are the appellants who are the sureties in Crl.A.No.219/02 against whom suo motu proceedings were initiated as the counsel was absent at the time of hearing of the appeal. The appellants had challenged the order in M.C.No.19/01 of JFCM-I, Thodupuzha. The penalty imposed on the appellants were reduced to Rs.2,500/- each. It is submitted that the above amounts have been remitted. 2. Annexures III and IV MC's were taken by the appellate court as the counsel on the particular day was not present. I find that there is no scope for further penalising the petitioners. Hence, the order in Crl.M.C.No.10/03 and 11/03 is herewith set aside. The Crl.M.C. is allowed. K.R.UDAYABHANU, JUDGE csl