IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.Rev.Pet.No. 2625 of 2008() ------------------------------ CRA.465/2006 of SESSIONS COURT, PATHANAMTHITTA MC.24/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER: PETITIONERS-APPELLANTS/COUNTER PETITIONERS ------------------------------------------------------------ 1. KOCHUMON C. VARGHESE, S/O.VARGHESE, CHARIVU KALAYIL VEEDU, MYLAPRA MURI, MYLAPRA VILLAGE. 2. SHAJI @ SHAJAHAN, S/O.MEERA SAHIB, KOONANKATTUVA PURAYIDATHIL VEEDU, KUMBAZHA MURI, PATHANAMTHITTA. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENTS: RESPONDENT/PETITIONER ---------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2625 of 2008 = = = = = = = = = = = = = = Dated this the 6th day of August, 2008 ORDER The petitioners, who were the sureties for the 2nd accused in C.C.No.292 of 2004 on the file of the Chief Judicial Magistrate Pathanamthitta were proceeded against under Section 446 Cr.P.C consequent on the non appearance of the 2nd accused in the above case. The bond amount was Rs.30,000/-. To the show cause notice issued under Form 48 of the II Schedule of Cr.P.C the petitioners had no valid explanation to offer. The learned Magistrate imposed the bond amount as penalty. Their appeal before the Sessions Court, Pathanamthitta as Crl.Appeal No.465/2006 did not succeed. Hence this Revision. 2. Having regard to the facts and circumstances of the case and also considering the fact that the petitioners are impecunious persons who were not privy to the abscondance of the 2nd accused, I am inclined to reduce the penalty to Rs.7,500/- (Rupees seven thousand five hundred only). The petitioners shall deposit the reduced penalty within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl.R.P.is disposed of as above. Dated this the 6 th day of August, 2008. V. RAMKUMAR, JUDGE sj