IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Crl.Rev.Pet.No. 741 of 2008 ----------------------------- CRA.195/2007 of ADDL.SESSIONS COURT, PATHANAMTHITTA MC.17/2007 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER: APPELLANTS/COUNTER PETITIONERS ------------------------------------------------ 1. M.N.SIVAN, S/O. NARAYANAN NAMPOOTHIRI, MURIKKUVELI ILLATHU, MANTHUKA MURI, KULANADA VILLAGE, KOZHENCHERY. 2. RAMACHANDRAN PILLAI, PUTHEN VETTIL, KULANADA VILLAGE, KOZHENCHERY. BY ADV. SRI.K.S.MOHAMED HASHIM RESPONDENTS: RESPONDENT/PETITIONER ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.741 of 2008 = = = = = = = = = = = = = = Dated this the 13th day of March , 2008 ORDER Petitioners are the sureties of the accused in C.C.No.254 of 1996 on the file of the Chief Judicial Magistrate, Pathanamthitta which was a prosecution under Section 138 of the Negotiable Instruments Act. Consequent on the failure on the part of the accused to appear before the court, proceedings were initiated against the petitioners under Section 446 of the Code of Criminal Procedure as M.C.No.17 of 2007. To the show cause notice issued to the petitioners, they had no reasonable explanation except that the accused had escaped without their aid or knowledge. The trial court imposed the bond amount of Rs.20,000/- as penalty on each of the petitioners. On appeal preferred by them as Crl.A.No.195/2007 before the Additional Sessions Court, Pathanamthitta, the lower appellate court has reduced the bond amount to Rs.10,000/-. Hence, this revision. 2 2. Having regard to the fact that the petitioners had no role in the accused in C.C.254/1996 making himself scarce and also having further regard to the fact that the petitioners are in impecunious circumstances, I am inclined to reduce the penalty amount to Rs.5,000/- each. The petitioners shall deposit the reduced penalty amount within one month from today, failing which steps shall be taken against them under law. The Crl.R.P.is disposed of accordingly. Sd/- V. RAMKUMAR, JUDGE ks. TRUE COPY P.S.TO JUDGE