IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 CRL.A.No. 1935 of 2009() ------------------------ AGAINST THE ORDER DATED 20/07/2009 IN MC.59/2009 IN SC.47/2007 of ADDL.SESSIONS COURT (ADHOC), KASARAGOD .................... APPELLANT(S): -------------- 1. KARTHYANI @ EMBICHI ,AGE 49 YEARS D/O.KRISHNAN, RESIDING AT ARIYADUKKAM, BARA VILLAGE, HOSDURG TALUK. 2. K.KRISHNAN, AGED 53 YEARS, S/O.KARUVAN, RESIDING AT MANGAD, BARA VILLAGE, HOSDURG TALUK. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J ....................................... Crl.Appeal No. 1935 of 2009 ....................................... Dated, 22nd day of September 2009 Judgment Appellants who were the sureties for the accused in S.C. No. 47 of 2007 on the file of the Addl. Sessions Court (Adhoc) I, Kasaragod, challenge the order dated 20-7-2009 passed by that Court imposing a penalty of Rs. 15,000/- on each of the appellants. The bond amount was Rs. 20,000/-. 2. Consequent on the non-appearance of the accused, proceedings were initiated by the court below against the appellants under Sec. 446 Cr.P.C. by registering M.C. No. 59 of 2009. To the show cause notice issued to them they had no reasonable explanation except that the fourth accused had gone abroad and was still abroad. Thereupon the court below passed the impugned order imposing a sum of Rs. 15,000/- as penalty on each of the appellants. It is the said order which is assailed in this appeal. 3. In as much as there is nothing to indicate that Crl.Appeal No. 1935 -:2:- the appellants were privies to the abscondence of the accused or that they had any role to play in the accused in slipping out of the State, and having further regard to the penurious condition under which the appellants are living, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs. 7,500/- (Rupees seven thousand five hundred only) each . The appellants shall deposit the reduced penalty before the court below within one month from today failing which the consequences referred to in the impugned order shall follow. Dated this the 22nd September 2009. Sd/-V.RAMKUMAR,JUDGE ani /true copy/