IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.Rev.Pet.No. 3144 of 2008() ------------------------------ MC.20/2006 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM CRA.114/2008 of SESSIONS COURT, KOTTAYAM .................... REVN. PETITIONERS/APPELLANT/ CP NOS. 2 & 3: ------------------------------------------------------- 1. MATHAI, AGED 58, S/O.ULAHANNAN, THAZHATHEKUDI HOUSE PINDIMANA KARA, PINDIMANA VILLAGE KOTHAMANGALAM TALUK. 2. MADHAVAN, AGED 56, S/O.MADHAVAN KUNNAPPILLI HOUSE, PINDIMANA KARA, PINIDIMANA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT/RESPONDENT: -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 3144 of 2008 ========================== Dated this the 5th day of September, 2008. ORDER The petitioners, who were the sureties for the accused in C.C. No. 83 of 2006 on the file of the Judicial First Class Magistrate, Vaikom, were proceeded against under Section 446 Cr.P.C consequent on the non-appearance of the accused before the court. The bond amount was Rs. 20,000/- each. To the show cause notice issued to them in Form No. 48 of the II Schedule to Cr.P.C., they had no valid explanation to be offered. The trial court as per order dated 19.06.2007 imposed the bond amount as penalty. On appeal preferred by the revision petitioners as Crl. Appeal No. 114 of 2008 before the Sessions Court, Kottayam, the Additional Sessions Judge reduced the fine amount to Rs.10,000/- each. Hence this revision. 2. In as much as there is nothing to show that the revision petitioners were actively or passively privies to the abscondance of the accused, I am inclined to reduce the penalty to Rs.5000/- each. The petitioner shall deposit the reduced amount of penalty CRL.R.P. NO. 3144/2008 : 2: before the trial court within one month from today failing which the recovery proceedings shall be initiated against them. This Crl.R.P. is disposed of as above. Dated this the 5th day of September, 2008. V. RAMKUMAR, JUDGE. rv