IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 CRL.A.No. 2435 of 2009() ------------------------ AGAINST THE ORDER DATED 16/07/2008 IN MC 1106/08 IN SC.253/2007 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM .................... APPELLANTS/CPs-1 to 3/ACCUSED NO.5:- ---------------------------------------------- 1. ABOOBACKER, S/O. KOCHAHAMMED, MUNDETH HOUSE, EDAVOOR, KOOVAPPADY, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2. MEETHIYANKUTTY, S/O. ABOOBACKER, MUNDETH HOUSE, EDAVOOR, KOOVAPPADY, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT (CP-2) 3. NISHAD, S/O. MOIDEENKUTTY, AGED 27 YEARS, MUNDETH HOUSE, EDAVOOR, KOOVAPPADY, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT (CP-3/ACCUSED NO.5). BY ADV. MR. NIREESH MATHEW RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2435 of 2009 ------------------------------------------------------------ Dated this the 20th day of November, 2009. JUDGMENT The 3rd appellant was accused No.5 and appellants 1 and 2 were his sureties in S.C. No. 253 of 2007 on the file of the Additional Sessions Court (Adhoc - I), Ernakulam. The bond amount was Rs.20,000/- 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. 1106 of 2008. 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 16.07.2008. 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 appellants 1 and 2 were privies to the abscondance of the 3rd appellant who subsequently Crl. Appeal No. 2435/2009 : 2 : appeared before the court below and also having further regard 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.5000/- (Rupees five thousand only) each. Money, if any, deposited before the court below while condoning the delay in this appeal shall be adjusted towards the penalty. The balance amount shall be deposited within one month from today. This appeal is disposed of as above. Dated this the 20th day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2435/2009 : 3 :