IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.Rev.Pet.No. 2970 of 2003() ------------------------------ CRA 265/2003 OF SESSIONS JUDGE, MANJERI M.C.27/2000 OF Judicial First Class MagistrateII, PERINTALMANNA REVN. PETITIONER(S): APPELLANTS/RESPONDENTS ------------------------------------------- 1. KURIKKAL ALAVI, S/O.UNNEEN KRIKKAL, MANCHERI HOUSE, VELLAYOOR, KALLIKAVU, NILAMBUR TALUK. 2. ABDUL MAJEED S/O.MOIDEEN KUTTY, CHAKKUNGAL HOUSE, VELLAYOOR, KALIKAVU, NILAMBUR TALUK. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): STATE/PETITIONER ------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.R.P.NO.2970 OF 2003 --------------------------------------------- Dated 29th July, 2010 O R D E R Petitioners are sureties to the accused in C.C.402/2001. When the accused absconded, notices were issued to the petitioners to produce the accused. They did not produce the accused. Hence bail bond was cancelled and proceedings were initiated under Section 446 of Code of Criminal Procedure. Notices were issued to the petitioners to show cause why the amount shown in the bail bonds shall not be forfeited. Petitioners appeared and without showing cause, prayed for leniency. Learned Judicial First Class Magistrate, Perinthalmanna in M.C.27/2003 directed them to pay a penalty of Rs.10,000/- each. CRRP 2970/03 2 Petitioner challenged order by filing Crl.A.265/2003 before the Sessions court, Manjeri. Learned Sessions Judge dismissed the appeal. It is challenged in the revision. 2. When the revision was admitted, petitioners were directed to deposit Rs.7,000/- each before the learned Magistrate. Learned counsel appearing for the petitioners submitted that they have deposited the amount before the court on 11/12/2003 by showing the receipts and considering the entire facts and circumstances of the case, penalty may be modified to that extent. 3. Considering the entire facts and circumstances of the cause, I find no reason to interfere with the impugned order directing petitioners to pay the penalty, except the quantum. The penalty is reduced to Rs.7,000/- CRRP 2970/03 3 each. If petitioners have deposited that amount, learned Magistrate not to take further proceedings. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.