IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.Rev.Pet.No. 1137 of 2010() ------------------------------------------------- CRA.27/2009 of SESSIONS COURT, KOTTAYAM MC.42/2006 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVN. PETITIONER(S): ------------------------------------ 1. VIJAYAMMA,D/O.NARAYANI, PUTHENTHARAYIL,ULLALA KARA,THALAYAZHAM. 2. MADHU,S/O.THANKAPPAN, THURUTHEL HOUSE,ULLALAKARA, THALAYZHAM. BY ADV. SRI.P.VINODKUMAR SRI.T.C.SANTHILAL SRI.SUSHANTH.J. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. R.RAJENDRAN,PRASANTHIYIL HOUSE, KIZHAKKENADA KARA,NADUVILE VILLAGE, VAIKOM TALUK. 3. JIJI BHASKARAN,NADUVATHADATHU HOUSE, ULLALA KARA, THALAYAZHAM VILLAGE. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = Crl. R.P. No.1137 of 2010 = = = = = = = = = = = = = = = = = Dated this the 31 st day of March, 2010. ORDER The revision petitioners were the sureties for the sole accused in C.C.No.756 of 2002 on the file of the J.F.C.M-I, Vaikom. The bond amount was Rs.10,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the petitioners under Section 446 Cr.P.C by registering M.C. No.42 of 2006. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.5,000/- each as penalty as per the impugned order dated 6.03.2009. 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 petitioners were privies to the abscondance of the accused and also having further regard Crl.R.P. No.1137 of 2010 2 to the fact that the petitioners are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.4,000/- (Rupees four thousand only) each. The petitioners shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 31st day of March, 2010. V. RAMKUMAR, JUDGE. sj