IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.Rev.Pet.No. 540 of 2009() ----------------------------- CRA.42/2008 of SESSIONS COURT, KOTTAYAM MC.61/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... REVN. PETITIONER(S): REVISION PETITIONERS/APPELLANT/COUNTER PETITIONERS ----------------------------------------------------------------------- 1. SAIMON, S/O.KRISHNANKUTTY, MALIKAYIL, AYMANAM VILLAGE, KOTTAYAM. 2. K.V.VARGHESE, S/O.UTHUP, KOCHIVAZHATHU HOUSE, MARIYAPPALLY, NATTAKAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.540 of 2009 = = = = = = = = = = = = = = Dated this the 13th day of February, 2009 ORDER The petitioners, who were the sureties for the accused in M.C.No. 61 of 2007 on the file of Chief Judicial Magistrate, Kottayam were proceeded against under Section 446 Cr.P.C consequent on the non appearance of the accused in the above case. The bond amount was for Rs.20,000/-. To the show cause notice issued under Form 48 of the II Schedule of Cr.P.C the petitioners had no valid explanation to offer. The learned Magistrate imposed the bond amount as penalty. On appeal preferred by the revision petitioners before the Sessions Court, Kottayam as Crl.Appeal No.42 of 2008, the learned Sessions Judge reduced the penalty to Rs..10,000/- (Rupees ten thousand only) Hence this Revision. 2. Having regard to the facts and circumstances of the case and also considering the fact that the petitioners are impecunious persons who were not privy to the abscondance of the accused in S.T.No.128 of 2004 on the file of the C.J.M, Kottayam. I am inclined to reduce the penalty to Rs.5000/- (Rupees five thousand only)each. The petitioners shall deposit the reduced penalty within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl.R.P.is disposed of as above. Dated this the 13th day of February, 2009. V. RAMKUMAR, JUDGE sj