IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 CRL.A.No. 75 of 2010() ---------------------- SC.237/2003 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... APPELLANT(S): APPELALNT/RESPONDENT 1 ------------------------------------------------------------------------- KUNDANVALLAPPIL MADHAVI, D/O.CHAPPAYIL PARU,.KUNHALINKEESHIL PEROL VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): --------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.Appeal.No.75 of 2010 = = = = = = = = = = = = = = Dated this the 14 th day of January, 2010 JUDGMENT The appellant was one of the sureties for the sole accused in S.C.No.237 of 2003 on the file of the Additional Sessions Judge (Adhoc III), 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 sureties under Section 446 Cr.P.C by registering M.C. No.118 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.25,000 /- each as penalty as per the impugned order dated 24.08.2009. 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 appellant was privy to the abscondance of the accused and also having further regard Crl. Appeal No.75 of 2010 2 to the fact that the appellant is hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.25,000/- (Rupees twenty five thousand only) each. The appellant 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 January , 2010. V. RAMKUMAR, JUDGE. sj