IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 2611 of 2010() ----------------------------------- (CRL.M.P.1170/2010 IN CRL.A.175/2010 OF SESSIONS COURT, KASARAGOD, MC.54/2004, C.C.454/2001 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD) .......... REVN. PETITIONER(S)/PETITIONER/COUNTER PETITIONER --------------------------------------------------------------------- 1. E.A.MOIDEEN, S/O.ABDULLA, PUTHIYALKA, ERMALAM, P.O.ALAMPADY, MUTTATHODY. 2. K.M.SAMSUDDIN, S/O.MOHAMMED HAJI, R/AT.ERMALAM, MUTTATHODY, P.O.ALAMPADY. BY ADVS. SRI.T.B.SHAJIMON SMT.GOVINDU P. RENUKADEVI RESPONDENT(S)/RESPONDENT/STATE ---------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. = = = = = = = = = = = = = = = = Crl. R.P. No.2611 of 2010 = = = = = = = = = = = = = = = = = Dated this the 10 th day of December, 2010. ORDER The revision petitioners were the sureties for the sole accused in C.C. No. 454/2001 on the file of the Chief Judicial Magistrate, Kasaragod. The bond amount was `20,000/- (Rupees twenty thousand only) each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the petitioners under Section 446 Cr.P.C by registering M.C. No.54/2004. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of `10,000/- (Rupees ten thousand only). each as penalty as per the impugned order dated 26.05.2004 . 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 petitioners were privies to the Crl. R.P. No.2611/2010 : 2 : abscondance of the accused and also having further regard to the fact that the petitioners are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to `5,000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the court below within one month from today. Excess amount, if any, deposited by the revision petitioner/accused before the trial court pursuant to court orders shall be refunded to the revision petitioner. This appeal is disposed of as above. Dated this the 10th day of December, 2010. V. RAMKUMAR, JUDGE. sj Crl. R.P. No.2611/2010 : 3 :