IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Crl.MC.No. 427 of 2008() ---------------------------- CRL. M.P.7329/2007 of JUDL.MAGISTRATE OF FIRST CLASS, N. PARAVUR .................... PETITIONER: CLAIM PETITIONER ------------------------------------ SHAJU K.T., S/O.THOMMAN, KONNATH HOUSE, 21/153, PUTHENVELI P.O. NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.SHYAM K.L. RESPONDENTS: COMPLAINANT ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, PUTHENVELIKKARA, NORTH PARAVUR. 3. ASSISTANT MOTOR VEHICLE INSPECTOR, NORTH PARAVUR. 4. DISTRICT COLLECTOR, ERNAKULAM. 5. SRIRAM TRANSPORT FINANCE LIMITED, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 427 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-02-2008 ORDER Petitioner was one of the sureties of the accused in C.C. No. 38 of 2004 on the file of the J.F.C.M., Malappuram. The bond amount was Rs. 15,000/-. 2. Consequent on the non-appearance of the accused, proceedings were initiated against the petitioner and the other surety by the J.F.C.M., Malappuram as M.C. No. 12 of 2006. As the petitioner had no cause to be shown in response to the show cause notice issued to him, the learned Magistrate imposed a sum of Rs. 5000/- as penalty under Sec. 446 (3) Cr.P.C. The said order has been confirmed in appeal also. 3. Having regard to the fact that the petitioner is stated to be impecunious, I am inclined to reduce the penalty to Rs. 3,000/- (Rupees three thousand only). Petitioner shall deposit the reduced penalty before the trial Court within one month from today failing which he shall face the consequence of non-payment . Warrant, if any pending against the petitioner shall stand recalled. This Crl. R.P is disposed of as above. V. RAMKUMAR, (JUDGE) ani. /true copy/