IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Crl.Rev.Pet.No. 358 of 2008() ----------------------------- CRA.35/2007 of SESSIONS COURT, PATHANAMTHITTA MC.35/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER: ------------------ 1. SIMON C. ABRAHAM, CHERAKUNNEL HOUSE, MELUKKARA MURI, KOZHENCHERRY VILLAGE, KOZHENCHERRY TALUK 2. O.S. MATHEW, OLIPPURATHU VEEDU, KOZHENCHERRY MURI, KOZHENCHERRY TALUK BY ADV. SRI.RAJESH P.NAIR SRI.RAJ MOHAN R.PILLAI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 8-2-2008 , THE COURT ON 08/02/2008 PASSED THE FOLLOWING: V.Ramkumar, J. ................................................. Crl.R.P No. 358 of 2008 .................................................. Dated: 8th February 2008 ORDER The petitioners stood as sureties for the accused in C.C. No. 282 of 2001 on the file of the Chief Judicial Magistrate, Pathanamthitta. C.C. No. 282 of 2001 was a prosecution under Section 138 of the Negotiable Instruments Act, 1881. The bond amount was Rs. 30,000/-. Consequent on the failure of the accused in C.C. 282 of 2001 to appear before the Court proceedings were initiated against the petitioners under Section 446 Cr.P.C. Except stating that the accused in C.C. 282 of 2001 subsequently appeared before the Magistrate and received the sentence as directed by the appellate court, the petitioners had no cause to be shown against the show cause notice issued to them in form No. 48 of the 2nd schedule to Cr.P.C. The trial court imposed the entire bond amount of Rs. 35,000/- as penalty. On appeal preferred the said order was confirmed by the lower appellate court. Hence this Revision. 2. considering the fact that the petitioners are allegedly in impecunious circumstances and also considering the further Crl.R.P No. 358 of 2008 -:2:- circumstance that the accused subsequently appeared before the tiral court and received the sentence in obedience to the directions of the appellate court, I am inclined to reduce the penalty to 50%. Accordingly, the penalty imposed on the petitioners is reduced to 15,000/- (Rupees fifteen thousand only). It shall be paid within two months from today, failing which, proceedings shall be taken against the petitioners for realisation of the penalty amount. If the penalty amount is eventually found to be irrecoverable, the petitioners shall undergo simple imprisonment in civil prison for two months. V.Ramkumar, Judge. ani.