IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 CRL.A.No. 2104 of 2009() ------------------------ AGAINST THE ORDER DATED 30/06/2009 IN MC.58/09 IN SC.649/2007 of ADDL.SESSIONS COURT (ADHOC-I), KASARAGOD .................... APPELLANT:- -------------- 1. ABDUL GAFOOR, AGED 43/09 S/O.ABBAS, R/AT CHOORI RAMDAS NAGAR P.O., KUDLU VILLAGE, KASARAGOD. 2. C.A.ABDUL BASHEER, AGED 36/09 S/O.ABBAS, R/AT CHOORI RAMDAS NAGAR P.O., KUDLU VILLAGE, KASARAGOD. BY ADV. MR. T.B.SHAJIMON MS. GOVINDU P.RENUKADEVI RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. ADV. MS. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2104 of 2009 ------------------------------------------------------------ Dated this the 14th day of October, 2009. JUDGMENT The appellants are the sureties for the sole accused in S.C. No. 649 of 2007 on the file of the Additional Sessions Court (Adhoc - 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. 58 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.20,000/- each as penalty as per the impugned order dated 30.06.2009. 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. 2104/2009 : 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.7,500/- (Rupees seven thousand and five hundred 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 14th day of October, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2104/2009 : 3 :