IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 CRL.A.No. 1460 of 2008() ------------------------ SC.637/2006 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-I), KOLLAM .................... APPELLANT: COUNTER PETITIONERS 2 AND 3 --------------------------------------------------- 1. SUBHASHKUMAR, S/O.PARAMESWARAN PILLAI, THANOLIL VEEDU, KAYYALACKAL CHERRY, ERAVIPURAM, MAYYANAD, KOLLAM. 2. MAHABOO, S/O.HANEEFA, KALEEL VEEDU, PINACKAL CHERRY, MAYYANAD, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: PETITIONER ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl. Appeal No. 1460 of 2008 ========================== Dated this the 21st day of July, 2008. ORDER The appellants, who are the sureties for the 7th accused in S.C. No. 637 of 2006 on the file of the Additional District and Sessions Court (Adhoc-I), Kollam for offences punishable under Sections 324, 326 and 307 IPC, challenge the order dated 22.05.2008 passed by the trial court imposing a penalty of Rs.10,000/- on each of the appellants. The bond amount was Rs. 25,000/-. Consequent on the non-appearance of the 7th accused for whom the appellants stood as sureties, the appellants were served with a show cause notice in form No. 48 of Schedule 2 of Cr.P.C. Since they had no reasonable explanation for the non- appearance of the 7th accused, the learned Sessions Judge imposed a penalty of Rs.10,000/-. 2. Except making a request for time to produce the absconding accused, the appellants had no justifiable explanation for the non-appearance of the 7th accused. Hence, the learned Sessions Judge was right in proceeding against the Crl. Appeal No. 1460/2008 : 2: appellants. However, having regard to the facts and circumstance of the case, the penalty is reduced to Rs.5000/- (Rupees five thousand only) each. The appellants shall deposit the reduced amount of penalty within one month from today before the trial court, failing which recovery proceedings shall be initiated against them. Dated this the 21st day of July, 2008. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 1460/2008 : 3: