IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.Rev.Pet.No. 2763 of 2006() ------------------------------ CRA.532/2005 of ADDL. SESSIONS COURT, THRISSUR MC.102/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVN. PETITIONER: APPELLANTS/COUNTER PETITIONERS ------------------------------------------------ 1. VIJAYAKUMAR, S/O.VASU NAIR, AGED 38 YEARS, EMBALASSERY HOUSE, SREEBHOOTHAPURAM, THEKKUMBHAGOM, ALUVA. 2. KUNJUMOHAMMED, S/O.ABU, AGED 52 YEARS, PULLIYARTHOTTATHIL HOUSE, SREEBHOOTHAPURAM, ALUVA. BY ADV. SRI.RAJIV NAMBISAN RESPONDENTS: PETITIONER ----------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P. RAVINDRABABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2763 of 2008 * * * * * * * * * * * * * * * * * * Dated: 26-05-2008 ORDER Petitioners were the sureties to the first accused in S.T. 3506 of 1997 on the file of the J.F.C.M., Kodungallur. The bond amount was Rs. 1,00,000/-. Consequent on the failure of the first accused in the above S.T. case to appear before the trial court, proceedings were initiated against the petitioners under Sec. 446 Cr.P.C. To the show cause notice issued to them, they had no explanation to be offered nor did they show any cause against the proposal to forfeit the bond amount of Rs. 1,00,000/-. Thereupon the Magistrate imposed the bond amount itself as penalty. Aggrieved by the order passed by the Magistrate the petitioners preferred an appeal before the Sessions Court, Thrissur as Crl. Appeal No. 532 of 2005. As per judgment dated 27-6-2006 the I Addl. Sessions Judge, Thrissur reduced the penalty to Rs. 60,000/- granting remission for the balance amount. It is the said order which is assailed in this Revision. Crl.R.P. No. 2763 of 2008 -:2:- No reasonable excuse having offered against the show cause notice proposing to impose the bond amount as penalty, the only contention available to the petitioners is one of mercy. The lower appellate court has been indulgent enough to reduce the penalty to Rs. 60,000/- . Pursuant to the interim order passed by this Court each of the petitioners have deposited a sum of Rs. 30,000/- before the trial court. Considering the fact that the petitioners stood sureties to the accused in a prosecution under Sec. 138 of the Negotiable Instruments Act wherein fixation of the bond amount at Rs. 1,00,000/- itself was on the higher side, I am of the view that the petitioners deserve leniency. Accordingly, the penalty leviable on each of the petitioners is reduced to Rs. 30,000/- which they have already deposited before the trial court. In the result this Revision is allowed in part as above. V. RAMKUMAR, (JUDGE) ani Crl.R.P. No. 2763 of 2008 -:3:-