IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 CRL.A.No. 415 of 2008() ----------------------- S.C. NO. 933 OF 2006 ON THE FILE OF THE ADDL. SESSIONS COURT (ADHOC -IV), THIRUVANANTHAPURAM APPELLANT: COUNTER PETITIONERS ------------------------------ 1. SUSEELA AMMA, W/O.GOPALAKRISHNAN NAIR, S.G.BHAVAN, KAYATTUKONAM, KILIMANOOR. 2. USHAKUMARI, D/O.THANKAMMA AMMA, RAJEEVAM, MANDAPAKUNNU, MALAYAMADAM, KILIMANOOR. BY ADV. SRI.SIJU KAMALASANAN RESPONDENTS: PETITIONER ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl. Appeal No. 415 of 2008 ...................................... Dated: 25th February 2008 JUDGMENT The appellants who are two women were the sureties of the accused in S.C. 933 of 2006 on the file of the Addl. Sessions Court, (Adhoc -IV) , Thiruvananthapuram. The bond amount was Rs. 20,000/-. Consequent on the non- appearance of the accused in the above case, proceedings were initiated against the appellants under Sec. 446 Cr.P.C. Since the accused in the Sessions Case was abroad, the appellants had no cause to be shown. Thereupon, the Addl. Sessions Court imposed the bond amount as penalty (wrongly stated as fine in the impugned order) on each of the appellants. Hence, this appeal under Sec. 449 Cr.P.C. 2. Eventhough the petitioners have not been able to show cause against the proposal to impose the bond amount Crl. Appeal No. 415 of 2008 -:2:- as penalty, having regard to the fact that the petitioners had no role to play in the accused going abroad, I am inclined to reduce the penalty to Rs. 5,000/- each in view of the decision of the Apex court in Muhammed Kunju v. State of Karnataka - 1999 (4) Crimes 320 . Accordingly the petitioners are given one month's time to pay the reduced penalty failing which appropriate proceedings can be taken against them for realisation of the above amount. This Crl. Appeal is disposed of as above. SD/-V. Ramkumar, Judge. ani /true copy/ Crl. Appeal No. 415 of 2008 -:3:-