IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Crl.Rev.Pet.No. 1056 of 2009() ------------------------------ CRA.44/2009 of SESSIONS COURT, WAYANAD MC.26/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... REVN. PETITIONER/COUNTER PETITIONER NO.II:- ---------------------------------------------------- ABU,SON OF MOIDU HAJI,AGED 49 YEARS, KADEEDA,PADINHARATHARA POST, VYTHIRI TALUK,WAYANAD DISTRICT. BY ADV. MR. SARVOTHAMAN RESPONDENT/PETITIONER/SUO MOTO (JFCM COURUT-II,MANANTHAVADY) ----------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. ADV. MR. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ========================= Crl.R.P. No. 1056 of 2009 ========================= Dated this the 25th day of March, 2009. O R D E R The petitioner who was one of the sureties of one Hashim who was the accused in S.T.C. No. 220 of 2001 on the file of the Judicial First Class Magistrate-II, Mananthavady, was proceeded against under Section 446 Cr.P.C. consequent on the default in appearance of the said Hashim before the Magistrate. The bond amount was Rs.5000/-. Since the petitioner did not have any cause to be shown to the show cause notice issued to him in Form No.48 of Schedule II of Cr.P.C., the learned Magistrate imposed the bond amount as penalty. Aggrieved by the order dated 23.10.2002 passed by the Magistrate, the petitioner preferred an appeal as Crl. Appeal No. 44 of 2009 before the Sessions Court, Wayanad. The appeal was filed with a delay of nearly 7 years. The learned Sessions Judge dismissed C.M.P. No. 458 of 2009 filed for condoning the inordinate delay. Consequently, the appeal also has been dismissed. Hence this revision. 2. In the meanwhile, consequent on the order passed by the trial court, the Tahasildar, Vythiri has proclaimed the Crl. R.P. No. 1056/2009 : 2 : property of the revision petitioner for sale. Annexure II is the sale proclamation dated 12.03.2009. 3. In as much as there is nothing to indicate that the petitioner was a privy to the abscondance of the accused namely Hashim for whom the petitioner stood as surety, I am inclined to reduce the penalty to Rs.2000/-. The petitioner shall deposit the penalty of Rs.2000/- (Rupees two thousand only) before the trial court within one month from today. In case the petitioner complies with the above direction, further proceedings in pursuance of Annexure II sale proclamation dated 12.03.2009 issued by the Tahsildar, Vythiri shall be dropped. In case the petitioner commits default in depositing the penalty, it shall be open to the Tahsildar to proceed with Annexure II sale proclamation. This revision is disposed of as above. Dated this the 25th day of March, 2009. V. RAMKUMAR, JUDGE. rv Crl. R.P. No. 1056/2009 : 2 : Crl. R.P. No. 1056/2009 : 2 :