IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 CRL.A.No. 2484 of 2009() ------------------------ AGAINST THE ORDER DATED 16/10/2009 IN MC 113/09 IN SC.452/2007 of ADDL.SESSIONS COURT (ADHOC), KASARAGOD .................... APPELLANT(S): COUNTER PETITIONERS --------------------------------- 1. NABEESA @ NEPHISA, AGED 49 YEARS, W/O. MOHAMMED, RESIDING AT HOSDURG BEACH, P.O.KANHANGAD, HOSDURG TALUK, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. MOILAKIRIYATH ABDULLA, AGED 62 YEARS, S/O. ABDUL RAHMAN, CHITTARI, PARAKADAV, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT -------------------------- STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.JAYASOORYA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ==================== Crl.A. No.2484 of 2009 ===================== Dated this the 24th day of November, 2009. JUDGMENT The appellants were the sureties for the sole accused in S.C. No.452 of 2007 on the file of the Additional Sessions Judge(Ad hoc I), Kasaragod. The bond amount was Rs.25,000/- 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.113 of 2009. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.15,000/- each as penalty as per the impugned order dated 16.10.2009. 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.Appeal.No.2484 of 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.5,000/- (Rupees five thousand only) each. The appellants shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 24th day of November, 2009. V. RAMKUMAR, JUDGE. sj Crl.Appeal.No.2484 of 2009 2