IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Crl.Rev.Pet.No. 1052 of 2010() ------------------------------ CRMP.345/2010 of SESSIONS COURT, KOLLAM .................... REVN. PETITIONERS/COUNTER PETITIONERS:- --------------------------------------------------- 1. MAYAN @ MANOJ, S/O. REMANAN, AGED 32, PATTANTTAYATHUTHAREYIL VEEDU, KUREEPUZHA CHERRY, KOLLAM WEST VILLAGE. 2. BINIMOLE @ MINIMOLE, AGED 34, NIMMI BHAVANIL, KOTHAPURAM MURI, PADINJARE KALLADA VILLAGE, KOLLAM. 3. BABU, S/O. GOPALAN, PUTHENTHARAYIL VEEDU, KIDAPURAM MURI, MUNDROTHURUTHU VILLAGE. BY ADV. MR. S.GIRISH RESPONDENT/ RESPONDENT:- ---------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1052 of 2010 ========================== Dated this the 25th day of March, 2010. ORDER The petitioners, who were the accused and his sureties in C.C. No. 214 of 2008 on the file of the Chief Judicial Magistrate, Kollam, were proceeded against under Section 446 Cr.P.C consequent on the non-appearance of the accused in the above case. The bond amount was for Rs.10,000/- each. To the show cause notice issued to them in Form No. 48 of the II Schedule to Cr.P.C., the petitioners had no valid explanation to offer. The learned Magistrate imposed the bond amount as penalty. The revision petitioners had preferred an appeal along with delay petition before the Sessions Court, Kollam. The learned Sessions Judge as per order dated 24.02.2010 dismissed the delay petition and consequently the appeal. Hence this revision. 2. Having regard to the facts and circumstances of the case and also considering the fact that the petitioners 2 and 3 are impecunious persons who were not privy to the abscondance of the accused in C.C. No. 214 of 2008, I am inclined to reduce the Crl.R.P. No. 1052/2010 : 2 : penalty to Rs.5000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl. R.P is disposed of as above. Dated this the 26th day of January, 2010. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 1052/2010 : 3 :