IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.Rev.Pet.No. 912 of 2008(E) ------------------------------ CRA.701/2003 of SESSIONS COURT, THALASSERY MC.70/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... REVN. PETITIONER: REVISION PETITIONERS/APPELLANTS/RESPONDENTS ------------------------------------------------------------- 1. ABDU REHEMAN, S/O.ABDULLA, AGED 54 YEARS TALIPARAMBA AMSOM DESOM, NEAR KAPPALAM, TALIPARAMBA, KANNUR. 2. HAYARUNNISA, D/O.ABDUREHAMAN, AGED 22 YEARS, NEAR KOPPALAM, TALIPARAMBA, KANNUR. BY ADV. SRI.O.V.MANIPRASAD SRI.ANOOP MATHEW ABRAHAM RESPONDENTS: RESPONDENT/PETITIONER ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 912 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-06-2008 JUDGMENT The petitioners were the sureties for the first accused in Crime No. 230/CR/01 of C.B.C.I.D., Kannur for an offence punishable under Sec. 420 I.P.C. The bond amount was Rs. 10,000/-. 2. Consequent on the non-appearance of the first accused before the J.F.C.M. - I, Kannur, proceedings under Sec. 446 Cr.P.C. were initiated against the petitioners as M.C. 70 of 2002. To the show cause notice issued to the petitioners in Form No. 48 of II Schedule to Cr.P.C. they had no valid explanation to be offered. Thereupon the learned Magistrate imposed the bond amount as the penalty on each of the petitioners. On appeal preferred by the petitioners before the Sessions Court, Thalassery as Crl. Appeal 701 of 2003 , the learned Sessions Judge as per judgment dated 8-6- 2004 allowed the appeal in part reducing the penalty to Rs. 15,000/ each - but directed to the defaulting surety to undergo detention in civil prison for one Crl.R.P. No. 912 of 2008 -:2:- month. It is the said judgment which is assailed in this Revision. 3. In as much as there is nothing to show that the petitioners were privy to the abscondence of the first accused in Crime No. 230 of 2001 of CBCID, Kannur, I am inclined to reduce the penalty to Rs. 7,500/- each. The lower appellate court was not justified in directing detention in civil prison on default in payment of penalty. Detention in civil prison can be ordered only if the penalty is ultimately found irrecoverable. The judgment of the lower appellate court shall stand modified as above. The petitioners shall deposit the reduced penalty within forty five days from today . This Crl.R.P. is disposed of as above . V. RAMKUMAR, JUDGE) ani.