IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 CRL.A.No. 2480 of 2009() ------------------------ MC.6/2008 of SPL.COURT (NDPS ACT CASES)/ADDL. DISTRICT & SESSIONS COURT, VADAKARA .................... APPELLANTS/COUNTER PETITIONERS:- -------------------------------------------- 1. ABDULLA, S/O.AHAMMAD NADUKANDY THAZHAKKUNIYIL HOUSE THUNERI AMSOM DESOM VATAKARA TALUK 2. AYISHA, W/O. IBRAHIM KELOTH THAZHAKKUNI HOUSE THUNERI AMSOM DESOM VATAKARA TALUK BY ADV. MR. ZUBAIR PULIKKOOL RESPONDENT/ PETITIONER:- -------------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2480 of 2009 ------------------------------------------------------------ Dated this the 23rd day of November, 2009. JUDGMENT The appellants were the sureties for the 1st accused in S.C. No. 9 of 2006 on the file of the Additional District & Sessions Court, Vadakara. The bond amount was Rs.50,000/- each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the appellants under Section 446 Cr.P.C by registering M.C. No. 6 of 2008. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.10,000/- each as penalty as per the impugned order dated 01.03.2008. It is the said order which is assailed in this appeal. 2. Having regard to the fact that there is nothing on record to show that the appellants were privies to the abscondance of the accused and also having further regard Crl. A. No. 2480/2009 : 2 : to the fact that the appellants are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five thousand only) each. Amounts deposited towards penalty while condoning the delay in filing this appeal shall be adjusted towards the penalty. Appellants are given three weeks time for depositing the balance amount. This appeal is disposed of as above. Dated this the 23rd day of October, 2009. V. RAMKUMAR, JUDGE. rv Crl. A. No. 2480/2009 : 3 :