IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Crl.Rev.Pet.No. 1260 of 2009() ------------------------------ CRA.75/2005 of ADDL.SESSIONS COURT, THALASSERY MC.60/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... REVN. PETITIONER(S): REVN.PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------ IBRAHIMKUTTY,S/O.ABOOBACKER, AGED 50 YEARS,ELEMBILATH,MADATHIL, CHEMBALODE AMSOM,KOYYODE DESOM, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................ Crl.R.P.No. 1260 of 2009 ............................................. Dated this the 6th day of April , 2009 ORDER The petitioner , who is the accused in M.C. No. 60 of 2004 on the file of the J.F.C.M. , Thalassery , was 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.25,000/-. 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, Thalassery as Crl.Appeal No. 75 of 2005 the learned Sessions Judge reduced the penalty to Rs.8,000/- 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 C.P. No. 41 of 2004 on the file of the J.F.C.M., Thalassery I am inclined to reduce the penalty to Rs.5,000/- Crl.R.P.No. 1260 of 2009 2 (Rupees five thousand only). 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. Sd/-V. RAMKUMAR, JUDGE ani /true copy/