IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 CRL.A.No. 2288 of 2009() ------------------------ (AGAINST THE ORDER DATED 20.10.2008 IN CRL.M.C.NO.1262 OF 2008 ARISING OUT OF S.C.NO.732/2004 OF THE III ADDITIONAL SESSIONS JUDGE (AD HOC) FAST TRACK COURT NO.1 THRISSUR) APPELLANT(S): APPELLANTS/ACCUSED & SURETIES -------------------------------------------------------------------------------------- 1. PRADEEP.S/O. VADASSERY SUBRAMANIAN, PONNOR DESOM, EDAKKALATHOOR VILLAGE, THRISSUR TALUK. 2. INDIRA, W/O. VADASSERY SUBRAMANIAN, PONNOR DESOM, EDAKKALATHOOR VILLAGE, THRISSUR TALUK. 3. SEKHARAN,S/O. PALLIKULAM KRIHSNANKUTTY, KALAVANPARA, MELOOR. BY ADV. SRI.RAJIT RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = = Crl.A.No.2288 of 2009 = = = = = = = = = = = = = = = = = Dated this the 30 th day of October, 2009. JUDGMENT The appellants herein were the sole accused and his sureties in S.C.No.732/2004 on the file of the III Addl.Sessions Judge (Adhoc) Fast Track Court No.1, Thrissur. The bond amount was Rs.15,000/- each. Consequent on the non-appearance of the 1st appellant before the court below, proceedings were initiated against appellants 2 and 3 under Section 446 Cr.P.C by registering M.C. No.1262/2008. To the show cause notice issued to the appellants, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.15,000/- each as penalty as per the impugned order dated 20.10.2008 It is the said order which is assailed in this appeal. Crl.Appeal No.2288/09 2 2. Having regard to the fact that there is nothing on record to show that the sureties were privies to the abscondance of the 1st appellant who has subsequently appeared before the court below and has been enlarged on fresh sureties and also having further regard to the fact that the appellants are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 30th day of October, 2009. V. RAMKUMAR, JUDGE. sj Crl.Appeal No.2288/09 2