IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.Rev.Pet.No. 1153 of 2008() ------------------------------------------- (CRL.APPEAL NO.400/07 OF THE ADDL.SESSIONS COURT-I, MAVELIKKARA IN M.C.NO.51/2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE, KAYAMKULAM) PETITIONER/APPELLANT/CR.PETITIONERS: ---------------------------------------------------------------- 1. MADHAVAN NAIR, S/O.RAMAN NAIR, AGED 54 YEARS, PUTHENPURAYIL VEEDU, VETTUVENI MURI, HARIPAD P.O. 2. GOMATHIAMMA, AGED 75 YEARS, PUTHENPURAYIL (PUTHUVAPADIKKAL), VETTUVENI MURI, HARIPAD P.O BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT: RESPONDENT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================================== CRL.R.P. NO.1153 OF 2008 ====================================== Dated this the 28th day of May 2008 ORDER Petitioners were the sureties of the accused in C.C.240/2003 on the file of the JFCM, Kayamkulam which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881. Consequent on the failure of the accused to appear before the trial court, proceedings were initiated against the petitioners under Section 446 Cr.P.C. 2. To the show cause issued to them in Form-48 of II schedule Cr.P.C., they had no explanation to offer for the non- appearance of the accused. The learned Magistrate thereupon passed final order on 29.7.2006. The operative portion of which reads as follows: "As the C.P.s failed to appear before the court, the entire bond amount of Rs.1,50,000/- each is forfeited. If the amount is not realised, the counter petitioners shall undergo imprisonment for two months in civil prison." 3. Eventhough the revision petitioners preferred an appeal before the Additional Sessions Court I, Mavelikkara as Crl.Appeal CRL.R.P.1153/2008 2 400/2007, the same was dismissed as belated consequent on the dismissal of the petition to condone the delay. Hence this revision. 4. Since the learned counsel for the petitioners asserted that the bond amount was not Rs.1,50,000/- but only Rs.15,000/-, this court ascertained this fact from the JFCM, Kayamkulam. As per report dated 18.4.2008, the JFCM, Kayamkulam has confirmed that the bond amount was Rs.15,000/-. If so, that court could not have directed the sureties to pay a sum of Rs.1,50,000/- which is not an amount which the sureties had undertaken to forefeit to the government in the event of any default committed by the accused in C.C.240/2003. Hence the orders passed by the courts below directing the sureties to pay a sum of Rs.1,50,000/- as penalty are, per se, illegal. 5. It is admitted that the accused in C.C.240/2008 had subsequently been tried and convicted and he preferred an appeal before the Sessions Court, Mavelikkara. Considering the said circumstance, I am inclined to reduce the penalty payable by the petitioners to Rs.7,500/- (Rupees Seven thousand five CRL.R.P.1153/2008 3 hundred only) each. Petitioners shall deposit the reduced penalty before the trial court within one month from today, failing which the trial court shall initiate proceedings for realisation of the payment. In case the penalty is ultimately found to be irrecoverable, each of the defaulting petitioners shall undergo imprisonment in civil prison for a period of two months. V.RAMKUMAR, JUDGE css/