IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 CRL.A.No. 2425 of 2009() ------------------------ SC.857/2007 of ADDL.SESSIONS COURT (ADHOC)-I, KASARAGOD .................... APPELLANT/ACCUSED: ------------------------ 1. ELAMBAYIL KHADER, S/O. AHAMMED KUTTY, THATTARATHINTAVIDE HOUSE, ULLIYIL P.O., THALASSERY TALUK, KANNUR DISTRICT. 2. ELAMBYIL KALLIL ABDUL RAHMAN, S/O. AHAMMED KUTTY, THATTARATHINTAVIDE HOUSE, ULIYIL P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. MR. KODOTH SREEDHARAN RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2425 of 2009 ------------------------------------------------------------ Dated this the 17th day of November, 2009. JUDGMENT The appellants were the sureties for the accused in S.C. No. 857 of 2007 on the file of the Additional Sessions Court (Adhoc) - I, Kasaragod. The bond amount was Rs.50,000/- 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. 90 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.35,000/- each as penalty as per the impugned order dated 14.10.2009. 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. 2425/2009 : 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.7,500/- (Rupees seven thousand and five hundred only) each. The appellants shall deposit the reduced penalty before the court below within one from today. This appeal is disposed of as above. Dated this the 17th day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2425/2009 : 3 :