IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Crl.Rev.Pet.No. 1032 of 2008 ------------------------------ CRA.197/2007 of ADDL.SESSIONS COURT, PATHANAMTHITTA MC.20/2007 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER: APPELLANTS/COUNTER PETITIONERS ------------------------------------------------ 1. M.N.SIVAN, S/O.NARAYANAN NAMPOOTHIRI, MURIKKUVELI ILLATHU, MANTHUKA MURI, KULANADA VILLAGE, KOZHENCHERY. 2. RAMACHANDRAN PILLAI, PUTHEN VEETTIL, KULANADA VILLAGE, KOZHENCHERY. BY ADV. SRI.K.S.MOHAMED HASHIM RESPONDENTS: PETITIONER ----------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1032 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of March , 2008 ORDER The petitioners were the sureties for the accused in C.C.No.292/1996 on the file of the Chief Judicial Magistrate Court, Pathanamthitta which was a prosecution under Section 138 of the Negotiable Instruments Act. Consequent on the non-appearance of the accused to receive the sentence, proceedings were initiated against the petitioners as M.C.No.20/2007 under Section 446 Cr.P.C. To the show cause notice issued, they had no explanation to offer except that the accused had made himself scarce without the knowledge or connivance of the petitioners. 2. The learned Magistrate imposed the bond amount of Rs.20,000/- as penalty on each of the petitioners. On appeal preferred by the petitioners as Crl.A.No.197/2007, the Additional Sessions Court, Pathanamthitta reduced the penalty amount by 50%. It is the said order which is assailed in this revision. CRL.R.P.NO. 1032/2008 -2- 3. Having regard to the fact that there is no circumstance shown to suggest that the petitioners were privy to the abscondence of the accused in the C.C. case and having further regard to the impecunious circumstances of the petitioners, the penalty amount is reduced to Rs.5000/- each which shall be deposited within 45 days from today, failing which recovery proceedings shall be initiated against the petitioners. This Crl.revision petition is disposed of accordingly. V. RAMKUMAR, JUDGE ks.