IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Crl.Rev.Pet.No. 953 of 2010() ----------------------------- CRA.540/2009 of ADDL.SESSIONS COURT,-I, MAVELIKKARA MC.77/2007 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... REVN. PETITIONER(S): APPELLANT/CR.PETITIONERS ------------------------------------------------------------------------------------- 1. SASI KUMAR, AGED 50 YEARS, S/O. PARAMESWARAN PILLAI, KOKKATTU KIZHAKKATHIL, NANGIARKULAGARA, THEKKUM MURI, PALLIPAD VILLAGE. 2. THANKAPPAN, AGED 63 YEARS, S/O. KANNAN, KAVIL HOUSE (FROM NADUVELITHARAYAIL VEEDU) PALLIPAD THEKKUM MURI, PALLIPAD VILLAGE. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No.953 of 2010 ========================== Dated this the 17th day of March, 2010. ORDER The petitioners, who were the sureties for the accused in C.C. No.277 of 2003 on the file of the Judicial First Class Magistrate, 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.1,50,000/-. To the show cause notice issued to them in Form No. 48 of the II Schedule to 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 Additional Sessions Court-I, Mavelikkara as Crl. Appeal No.540 of 2009, the learned Sessions Judge confirmed the order of the trial court. 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.277 of 2003, I am inclined to reduce the penalty to Crl.R.P. No. 953/2010 : 2 : Rs.7,500/-(Rupees seven thousand five hundred only). The petitioners shall deposit the reduced penalty within one month 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 17th day of March, 2010. V. RAMKUMAR, JUDGE. sj