IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 CRL.A.No. 1905 of 2009() ------------------------ SC.517/2007 of ADDL. SESSIONS COURT (ADHOC-II), KASARAGOD .................... APPELLANTS/SURETIES:- -------------------------------- 1. G.MOHAMMED, S/O. IBRAHIM, APSANA MANZIL KANAYI.P.O., KOROM VILLAGE THALIPARAMBA TALUK. 2. K.KHADER, AGED 41 YEARS, S/O. ABOOBACKER AGRICULTURIST, KANAYI, KOROM VILLAGE, THALIPARAMBA TALUK. BY ADV. MR. S.JIJI RESPONDENT/COMPLAINANT:- --------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 1905 of 2009 ------------------------------------------------------------ Dated this the 16th day of September, 2009. JUDGMENT In this appeal filed under Section 449 Cr.P.C., the appellants who are the sureties for the 1st accused in S.C. No. 517 of 2007 on the file of the Additional Sessions Court (Adhoc-II), Kasaragod, challenge the order dated 16.06.2009 passed by the Sub Court in M.C. No. 66 of 2009 imposing a penalty of Rs.20,000/- each on the appellants. 2. I heard both sides. The bond amount was Rs.50,000/-. The offence with which the 1st accused stood charged in S.C. No. 517 of 2007 was one punishable under Section 308 IPC. Consequent on the non-appearance of the 1st accused, the learned Additional Sessions Judge initiated proceedings against the appellants as M.C. No. 66 of 2009 under Section 446 Cr.P.C. There is nothing to indicate that the 1st accused had slipped out of the country allegedly in search of employment at the instance of or with the Crl. Appeal No. 1905 of 2009 : 2 : connivance of the appellants. Both of them are agriculturists. Accordingly, the penalty is reduced to Rs.10,000/- each. The appellants shall deposit the reduced amount of penalty before the court below within one month from today. In case the penalty is not deposited and it has become irrecoverable, the defaulting appellant shall undergo imprisonment in a civil prison for three months. Dated this the 16th day of September, 2009. V. RAMKUMAR, JUDGE. rv