IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 CRL.A.No. 2338 of 2009() ------------------------ AGAINST THE ORDER DATED 11/06/2009 IN M.C. 64/2009 IN SC.522/2004 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... APPLLANT:- -------------- 1. MOHAMMED, S/O.ABDUL RAHIMAN, DOOR NO.MP 6/42, MULIYAR P.O. 2. AHAMMAD, S/O.BEERAN, DOOR NO.6/42, MAYIKUZHI HOUSE, ADOOR, MULIYAR P.O. BY ADV. MR. T.B.SHAJIMON MS. GOVINDU P.RENUKADEVI RESPONDENT: --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, ERNAKULAM. BY ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2338 of 2009 ------------------------------------------------------------ Dated this the 6th day of November, 2009. JUDGMENT The appellants were the sureties for the accused in S.C. No. 522 of 2004 on the file of the Additional Sessions Court (Adhoc - III), Kasaragod. 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 appellants under Section 446 Cr.P.C by registering M.C. No. 64 of 2009. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.10,000/- each as penalty as per the impugned order dated 11.06.2009. 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 appellants were privies to the abscondance of the accused and also having further regard Crl. Appeal No. 2338/2009 : 2 : to the fact that the appellants are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 6th day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2338/2009 : 3 :