IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.Rev.Pet.No. 1162 of 2010() ------------------------------ CRA.44/2008 of ADDL. SESSIONS COURT, THRISSUR ST.425/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR (MC.243/2005) .................... REVN. PETITIONER(S): PETITIONER -------------------------------------------------------- 1. DHARMARAJAN S/O.KRISHNAN, THURUTHY HOUSE, CHENTHRAPPINNY KODUNGALLUR. 2. GOVINDAN, S/O.KRISHNAN KONNAPRAMBATH HOUSE, CHENTHRAPPINNY KODUNGALLUR,TRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNKULAM. 2. DEPUTY TAHSILDAR, (REVENU RECOVERY) KODUNGALLUR. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/03/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = Crl. R.P. No.1162 of 2010 = = = = = = = = = = = = = = = = = Dated this the 31 st day of March, 2010. ORDER The revision petitioners were the sureties for the sole accused in S.T.No.425/1999 on the file of the J.F.C.M, Kodungallur. The bond amount was Rs.50,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the petitioners under Section 446 Cr.P.C by registering M.C. No.243 of 2005. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.25,000/- each as penalty as per the impugned order dated 24.08.2009 . It is the said order which is assailed in this appeal. 2. Having regard to the fact that there is nothing on record to show that the petitioners were privies to the abscondance of the accused and also having further regard to the fact that the petitioners are hailing from impecunious Crl.R.P. No.1162 of 2010 2 circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5,000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the court below within one month from today. Money, if any, deposited by the revision petitioners before the trial court shall be given credit to. This appeal is disposed of as above. Dated this the 31st day of March, 2010. V. RAMKUMAR, JUDGE. sj