IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.Rev.Pet.No. 2509 of 2010() ------------------------------ CRA.714/2009 of SESSIONS COURT, THRISSUR MC 346/07 IN CC.695/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR. .................... REVN. PETITIONERS: ACCUSED ---------------------------- 1. ABDU, S/O. KUNJIKAMMU, PUNNILATH HOUSE, ONACHAMMAVU, PAPPINIVATTAM VILLAGE, KODUNGALLUR TLUK, THRISSUR DISTRICT. 2. NOUSHAD,S/O.ALIKUTTY,PUZHAMKARAYILLATH HOUSE, ONACHAMMAVU, PAPPINIVATTAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 3. KUNJIMUHAMMED, S/O. ABU,PUZHAKARAYILLATH HOUSE, ONACHAMMAVU, PAPPINIVATTAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 4. ABDUL RASHEED, S/O. MARKKAR, THARUPPEDIKAYIL HOUSE, MATHILAKAM, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.C.GOPI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI VENUGOPAL M.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.2509 OF 2010 ---------------------------------------- Dated 18th Day of August, 2010 ORDER Revision petitioners 3 and 4 are the sureties for revision petitioners 1 and 2, who are respectively accused Nos.1 and 2, involved in C.C.No. No.695/2002 of the court of Judicial First Class Magistrate, Kodungallur, for the offences punishable under sections 447, 354 and 506(ii) read with Section 34 of the IPC. 2. The said accused were released upon the suretyship of the revision petitioners 3 and 4, but when the case was ripe for trial, the accused who are revision petitioners 1 and 2, failed to appear before the court below and the sureties, i.e. revision petitioners 3 and 4 failed to produce the accused in the court and accordingly, the trial court registered M.C.No.346/2007 under section 446 Cr.P.C and finally imposed a penalty of Rs.5000/- each on revision petitioners 1 and 2 and Rs.2500/- each on the revision petitioners 3 and 4. 3. Though an appeal was filed against the above CRL.R.P.No.2509/10 -:2:- order, the leaned Sessions Judge dismissed the appeal as the appeal was belated one and also for the reason that there was no proper explanation for the delay. 4. Counsel for the revision petitioners submitted that revision petitioners 1 and 2/A1 and A2 went for Hajj pilgrimage and hence they could not appear before the court below. In the impugned orders of the court below, no details are available. The learned counsel for the revision petitioners submitted that there was no willful laches or negligence on the part of the accused in cooperating with the trial and the failure on their part in appearing before the court was not intentional but for the reason that they went for Hajj pilgrimage. Having regard to the facts and circumstances involved in this case, I am of the view that this Crl.R.P can be disposed of making some modification with respect to the amount of penalty fixed by the court below, while upholding the correctness of the order imposing penalty. In the result, this Crl.R.P is disposed of upholding CRL.R.P.No.2509/10 -:3:- the correctness of the order dated 31.10.2007 in M.C. No.346/2007 in C.C.No.695/2002 of the Corut of Judicial First Class Magistrate, Kodungallur. The penalty amount imposed against the revision petitioners are modified and reduced and accordingly the revision petitioners 1 and 2 are directed to pay a sum of Rs.2500/- each and the revision petitioners 3 and 4 are directed to pay a sum of Rs.1500/- each within two months from today. On failure from the part of the revision petitioners in depositing the above amount, the court below is free to take coercive step against them in accordance with the procedure and law. Subject to the above modification, this Crl.R.P is disposed of. V.K.Mohanan, Judge. kvm/- CRL.R.P.No.2509/10 -:4:-