IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 CRL.A.No. 2535 of 2009() ------------------------ AGAINST THE ORDER DATED 29.10.2009 IN CRL.M.C. 39/2009 IN SC.18/2009 of SPL.COURT (NDPS ACT CASES), VADAKARA .................... APPELLANTS/RESPONDENTS:- ---------------------------------- 1. AADAM, S/O. ABDUL RAHIMAN, N.V. HOUSE, (NAINAN VALAPPIL), PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. 2. THATTANCHERRY IBRAHIM, S/O.CHEKKU, VELLACHALIL HOUSE, RAROTH AMSOM, VELIMANNA DESOM, KOZHIKODE TALUK. BY ADV. MR. T.G.RAJENDRAN MR. T.R.TARIN RESPONDENTS/PETITIONER:- --------------------------------- 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 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2535 of 2009 ------------------------------------------------------------ Dated this the 9th day of December, 2009. JUDGMENT The appellants were the sureties for the 2nd accused in S.C. No. 18 of 2009 on the file of the Special Judge (NDPS Act Cases), Vadakara. 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 Crl. M.C. No. 39 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.25,000/- each as penalty as per the impugned order dated 29.10.2009. 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 abscondance of the accused and also having further regard Crl. A. No. 2535/2009 : 2 : 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.7,500/- (Rupees seven thousand and five hundred 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 9th day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl. A. No. 2535/2009 : 3 :