IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.Rev.Pet.No. 1063 of 2009() ------------------------------ CRA.304/2007 of II ADDL.SESSIONS COURT, KOLLAM MC.96/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER(S): APPELLANTS/COUNTER PETITIONERS ---------------------------------------------------------------------------------------------------- 1. GEORGE, S/O. GEEVARGHESE, ELLUVILA VEEDU, ELAMBAL.P.O.,PATHANPURAM TALUK, KOLLAM. 2. LIZY ALEX @ MARIYAMMA, ANJU BHAVAN, ELAMBAL.P.O.,VILAKUDY VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): COMPLAINANT ------------------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1063 of 2009 = = = = = = = = = = = = = = Dated this the 26 th day of March, 2009 ORDER The petitioners, who were the sureties for the accused in C.C.No.1524 of 2000 on the file of the J.F.C.M-II, Kollam were 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.10,000/-. 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 a penalty of Rs.5000/-. On appeal preferred by the revision petitioners before the Addl.Sessions Judge, Kollam as Crl.Appeal No.304 of 2007, the learned Sessions Judge dismissed the revision. 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.C.No.1524 of 2000 on the file of the JFCM- II, Kollam, I am inclined to reduce the penalty to Rs.2,500/- (Rupees two thousand five hundred 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. Dated this the 26 th day of March, 2009. V. RAMKUMAR, JUDGE sj