IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 CRL.A.No. 2606 of 2009() ------------------------ MC.20/2009 of ADDL. DISTRICT & SESSIONS COURT (ADHOC) - III, MANJERI .................... APPELLANTS/RESPONDENTS:- --------------------------------- 1. VAISYAR HAMZA, S/O.ENI, VAISYAR HOUSE, KEEZHATTUR P.O., PATTIKKAD (VIA), KEEZHATTUR VILLAGE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. KUTTASSERI MUHAMMED, S/O. KUTTASSERI ALAVI, KUTTASSERI HOUSE, PANTHALLUR P.O., PANTHALLUR VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. MR. DEVIDAS.U.K RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REP.BY REP.BY THE S.I. OF POLICE, KOTTAKKAL BY THE GOVT.PLEADER, HIGH COURT OF KERALA. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2606 of 2009 ------------------------------------------------------------ Dated this the 22nd day of December, 2009. JUDGMENT The appellants were the sureties for the 1st accused in S.C. No. 211 of 2005 on the file of the Additional District & Sessions Court (Adhoc) - III, Manjeri. The bond amount was Rs.25,000/- 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. 20 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.15,000/- each as penalty as per the impugned order dated 23.07.2009. 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. A. No. 2606/2009 : 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 22nd day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl. A. No. 2606/2009 : 3 :