IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.Rev.Pet.No. 4153 of 2008() ------------------------------ CRA.346/2007 of ADDL. SESSIONS COURTS (ADHOC), MAVELIKKARA CC.589/2003 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM (MC 146/06) .................... REVN. PETITIONER(S): --------------------- 1. REMADEVI KUNJAMMA, AGED 42 YEARS D/O.BHARAGAVI KUNJAMMA, PONNURITTA VEETTIL FROM KADUVINAL VEEDU, KRISHNAPURAM MEKKU MURI, KRISHNAPURAM VILLAGE. 2. SREERAMAN @ SISUPALAN, AGED 50 YEARS JAYALAYAM @ NANDU NIVAS, PATHIYOOR KIZHAKKUM MURI, PUTHIYOOR VILLAGE BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/02/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.4153 of 2008 = = = = = = = = = = = = = = Dated this the 16 th day of February, 2009 ORDER The petitioners, who were the sureties for the accused in C.C.No.589 of 2003 on the file of J.F.C.M-I, Kayamkulam were proceeded against under Section 446 Cr.P.C consequent on the non appearance of the accused in the above case. The bond amount was for Rs.25,000/-. To the show cause notice issued under Form 48 of the II Schedule of Cr.P.C the petitioners had no valid explanation to offer. The learned Magistrate imposed the bond amount as penalty. On appeal preferred by the revision petitioners before the Addl.Sessions Judge, Fast Track(Ad hoc), Mavelikkara as Crl.Appeal No.346 of 2007, the learned Sessions Judge confirmed the penalty. Hence this Revision. 2. Having regard to the facts and circumstances of the case and also considering the fact that the petitioners are impecunious persons who were not privy to the abscondance of the accused in C.C.No.589 of 2003, I am inclined to reduce the penalty to Rs5,000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty within two months from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl.R.P.is disposed of as above. Dated this the 16 th day of February, 2009. V. RAMKUMAR, JUDGE sj