IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.Rev.Pet.No. 1763 of 2008() ------------------------------ CRA.711/2003 of SESSIONS COURT, THALASSERY MC.71/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... REVN. PETITIONER: REVISION PETITIONERS/APPELLANTS/RESPONDENTS ------------------------------------------------------------- 1. K.V.NALINI, W/O.LATE SURESH CHANDRAN, AGED 44, KANISAN VALAPPIL HOUSE, IRINAVU, KALLIASSERI, KANNUR. 2. K.V.SUJITH, S/O.LATE SURESH CHANDRAN, AGED 20, KANISAN VALAPPIL HOUSE, IRINAVU, KALLIASSERI, KANNUR. 3. K.V.PRANAVU, S/O.LATE SURESH CHANDRAN, AGED 17, KANISAN VALAPPIL HOUSE, IRINAVU, KALLIASSERI, KANNUR. 4. PRAVEEN.K.V., S/O.LATE SURESH CHANDRAN, AGED 14, KANISAN VALAPPIL HOUSE, IRINAVU, KALLIASSERI, KANNUR. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: PETITIONER ----------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1763 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-06-2008 ORDER The petitioners are the widow and children of one Suresh Chandran. The said Suresh Chandran and his wife, the first petitioner herein were the sureties for the 2nd accused in Crime No. 230/CR/01 of CBCID, Kannur for an offence punishable under Sec. 420 I.P.C. The bond amount was Rs. 10,000/-. 2. Consequent on the non-appearance of the 2nd accused before the J.F.C.M. I, Kannur, proceedings under Sec. 446 Cr.P.C. were initiated against the said Suresh Chandran and the first petitioner herein as M.C. 71 of 2002. To the show cause notice issued to the sureties in Form No. 48 of the II Schedule to the Cr.P.C. they had no valid explanation to be offered. The learned Magistrate as per order dated 12-10-2002 imposed the bond amount as penalty. 3. Suresh Chandran and the first petitioner herein preferred an appeal before the Sessions Court, Thalassery as Crl. Appeal 711 of 2003. Pending the said appeal Suresh Chandran died and his children were impleaded as additional appellants. Subsequently as per judgment dated 8-6-2004 the lower appellate court dismissed the Crl.R.P. No. 1763 of 2008 -:2:- appeal confirming the order passed by the trial court. Hence, the Revision. 4. In as much as there is nothing to show that the two sureties had either actively or passively assisted the 2nd accused to make himself scarce, I am inclined to reduce the penalty to Rs. 5,000/- which shall be deposited before the trial court within one month from today failing which recovery proceedings shall be initiated This Crl. Revision is disposed of as above . V. RAMKUMAR, (JUDGE) ani.