IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 CRL.A.No. 55 of 2010() ----------------------------------- AGAINST THE ORDER IN MC NO.93/2009 DATED 24/09/2009 IN SC NO.78/2007 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE (ADHOC-1), KASARAGOD) APPELLANT(S): APPELLANT --------------------------------------------- 1. ABDUL HAMEED HAJI, AGED 56/10, S/O. MOHAMMED HAJI, SAMAD MANZIL, R.D.NAGAR, KUDLU VILLAGE, KASARAGOD TALUK. 2. AVVABI, AGED 50/10, W/O. ABDUL HAMEED, SAMAD MANZIL, R.D.NAGAR, KUDLU VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): ----------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.R.JAYAKRISHNAN THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = Crl. A. No.55 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of January, 2010. JUDGMENT The appellants were the sureties for the sole accused in S.C. No.78 of 2007 on the file of the Additional Sessions Judge (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.93 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 24.09.2009. 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 Crl.A.No.55/2010 2 abscondence of the accused 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.5,000/- (Rupees five thousand 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 11th day of January, 2010. V. RAMKUMAR, JUDGE. sj Crl.A.No.55/2010 3