IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.Rev.Pet.No. 1774 of 2008() ------------------------------ CRA.335/2006 of SESSIONS COURT, THALASSERY MC.7/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER: REVISION PETITIONERS/REV.PETITIONERS/RESPONDENTS ------------------------------------------------------- 1. CHALIL GEORGE, S/O.DEVASIA, CHALIL HOUSE KOTTIYOOR AMSOM DESOM, THALASSERY TALUK. 2. NELLOLICHALIL REVEENDRAN, S/O. ARYAN, NELLOLICHALIL HOUSE, KOTTIYOOR AMSOM DESOM, THALASSERY TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENTS: RESPONDENTS ------------------------ STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTORSRI.C.M.NAZER THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================================== CRL.R.P. NO.1774 OF 2008 ====================================== Dated this the 3rd day of June 2008 ORDER Petitioners, who are the sureties of the accused in C.P.121/2005 on the file of the JFCM Kuthuparamba, which was a prosecution under the Abkari Act, were proceeded under Section 446 Cr.P.C. consequent on the non-appearance of the accused. The bond amount was Rs.25,000/- each. 2. To the show cause notice issued to the petitioners in Form No.48 of the II schedule to the Cr.P.C., they had no valid explanation to be offered except that the accused had made himself scarce without their knowledge or connivance. The learned Magistrate, therefore, imposed the bond amount as penalty. Aggrieved by the said order, the petitioners filed Crl. Appeal No.335/2006 before the Sessions Court Thalassery. That court, as per judgment dated 29.5.2007, reduced the penalty to Rs.12,500/= each. Hence this revision. 3. Having regard to the facts and circumstances of the case, CRRP 1774/2008 2 including the fact that the accused was subsequently tried and acquitted by the Sessions Court, I am inclined to reduce the penalty to Rs.6,000/- (Rupees Six thousand only) each. The petitioners shall deposit the penalty before the trial court, within one month from today, failing which recovery proceedings shall be initiated against them. V.RAMKUMAR, JUDGE css/