IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 CRL.A.No. 1950 of 2007() ------------------------ AGAINST THE ORDER DATED 21/08/2005 IN SC.510/2005 IN MC.18/2006 of ADDL.ASSISTANT SESSIONS COURT, KOLLAM .................... APPELLANT(S): APPELLANTS/RESPONDENTS ------------------------------------ 1. GEETHA, PUTHEN VEEDU, THOTTIKARA CHARUTIL, MALIBHAGOM MURI, THEKKUMBHAGOM, KOLLAM. 2. VASANTHA, RENJITH BHAVANAM, MUKUNDAPURAM, CHAVARA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.B.JAYASOORYA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = Crl. A. No.1950 of 2007 = = = = = = = = = = = = = = Dated this the 23 rd day of December,2009 JUDGMENT The appellants were the sureties for the sole accused in S.C. No.510 of 2005 on the file of the Additional Sessions Court, Kollam. The bond amount was Rs.25000/- 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.18 of 2006. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.15,000/- each as penalty as per the impugned order dated 21.8.2006. 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.1950/07 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.8,000/- (Rupees eight thousand only) each. The appellants shall deposit the reduced penalty before the court below within one month from today. Amounts, if any, deposited by the appellants shall be adjusted towards the penalty. This appeal is disposed of as above. Dated this the 23rd day of December, 2009 V. RAMKUMAR, JUDGE. sj Crl.Appeal No.1950/07 2