IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.Rev.Pet.No. 2711 of 2009() ------------------------------ AGAINST THE ORDER DATED 11/07/2009 IN MC.64/09 IN SC.522/2004 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... REVN. PETITIONER: --------------------- 1. MOHAMMED, S/O.ABDDUL RAHIMAN, DOOR NO.MP 6/42, MULIYAR P.O. 2. AHAMMED, S/O.BEERAN, DOOR NO.6/42, MAYIKUZHI HOUSE, ADOOR, MULIYAR P.O. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: --------------- STATE OF KERALA, REP.BY THE ADDL.SESSIONS JUDGE (ADHOC)-III, KASARAGOD, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR : SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2711 of 2009 --------------------------------------- Dated this 21st day of August 2009 ORDER This revision arises from the order passed by learned Additional Sessions Judge (Adhoc-3), Kasaragod in M.C.No.64 of 2009 in S.C.No.522 of 2004 imposing penalty of Rs.10000/- each on petitioners consequent to forfeiture of the bail bond executed by them. The order under challenge is appealable under section 449 of Code of Criminal Procedure (for short, “the Code”) and since the order under challenge is passed by the Sessions court, the appeal has to be filed in this court. Since the Code provides an appeal against the impugned order, a revision at the instance of petitioners who could have preferred an appeal is not maintainable in view of section 401(4) of the Code. In view of the above, learned counsel has requested permission to withdraw the revision petition without prejudice to the right of petitioners to file appeal. 2. Considering the request and the circumstances above stated permission is granted. Accordingly this revision petition is dismissed as withdrawn without prejudice to the right of petitioners to file appeal against the impugned order. Registry shall return the impugned order to the petitioners on application. THOMAS P JOSEPH, JUDGE Sbna/