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. 52 of 2010() ---------------------- AGAINST THE ORDER IN MC NO.9/08 ON THE FILES OF THE COURT OF THE ADDL.DISTRICT AND SESSIONS JUDGE (ADHOC-III), NORTH PARAVUR IN SC NO.315/2008 DATED 8.2.2009 APPELLANT(S): APPELLANTS/COUNTER PETITIONERS -------------------------------------------- 1. SADANANDAN, S/O.VELU, KUZHUPPILLY HOUSE, CHERAI KARA, PALLIPPURAM. 2. SARALA, D/O.SREEDHARAN, PUTHUKKAD HOUSE, CHERAI KARA. BY ADV. SMT.R.SUDHA RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK 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.Appeal.No.52 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.315/2008 on the file of the Addl.District and Sessions Judge(Adhoc-III), North Paravur. 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. 9 of 2008. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.5,000/- each as penalty as per the impugned order dated 8.2.2009 . 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 abscondence of the accused and also having further regard Crl. Appeal No.52 of 2010 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.3,000/- (Rupees three 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