IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Crl.Rev.Pet.No. 1952 of 2008() ------------------------------ CRA.714/2007 of SESSIONS COURT, KOZHIKOE MC.3/2007 of ASSISTANT SESSIONS COURT, QUILANDY .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED:- ------------------------------------------------------------------------------------------------------------- SURESH, S/O SANKARAN, AGED 40 YEARS, UNNIKUNNUCHALIL HOUSE, UNNIKUNNUCHALIL P.O., MENHANIAM AMSOM, PERAMBRA, KOYILANDY TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: -------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1952 of 2008 = = = = = = = = = = = = = = Dated this the 5 th day of August, 2008 ORDER The petitioner, who was one of the sureties for the accused in S.C.No.440 of 2006 on the file of the Assistant Sessions Judge, Koyilandi was proceeded against under Section 446 Cr.P.C consequent on the non appearance of the accused in the above case. The bond amount was Rs.15,000/-. To the show cause notice under Form 48 of the IInd schedule to the Cr.P.C issued to him, the petitioner had no valid explanation to offer for the non appearance, except putting forward a request for time to produce the accused. The learned Magistrate imposed bond amount as penalty. On appeal preferred by the revision petitioner before the Sessions Court, Kozhikode as Crl.Appeal No.714/2007, the penalty was reduced to Rs.10,000/-. Hence this Revision. 2. Considering the facts and circumstances of the case, even though I am not inclined to absolve the petitioner from his liability, I am inclined to reduce the penalty to Rs.5,000/-. The Crl.R.P.No.1952/08 2 petitioner shall deposit the reduced penalty within one month from today, failing which proceedings shall be initiated against him for realisation of the same. This Crl.R.P.is disposed of as above. Dated this the 5 th day of August, 2008. V. RAMKUMAR, JUDGE sj