IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 CRL.A.No. 20 of 2010() ---------------------- AGAINST THE ORDER DATED 08/06/2007 IN MC.504/2005 IN SC. 565 /2004 of SESSIONS COURT, THALASSERY CP.33/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... APPELLANTS/ RESPONDENTS:- ----------------------------------- 1. M. MAMMU, S/O. ABDU, AGED 55 YEARS, PUTHIYARAMBATH HOUSE, TALIPARAMBA P.O., TALIPARAMBA AMSOM DESOM, KANNUR DISTRICT. 2. C.P.V. ABDULLA, S/O. MOHAMMED, AGED 50 YEARS, P.O., TALIPARAMBA, TALIPARAMBA AMSOM DESOM, KANNUR DISTRICT. BY ADV. MR. V.A.SATHEESH MR. V.T.MADHAVANUNNI RESPONDENTS/ACCUSED & STATE:- ----------------------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.20 of 2010 ------------------------------------------------------------ Dated this the 8th day of January, 2010. JUDGMENT The appellants were the sureties for the 3rd accused in S.C. No. 565 of 2004 on the file of the Sessions Court, Thalassery. The bond amount was Rs.10,000/- 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. 504 of 2005. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.7,500/- each as penalty as per the impugned order dated 08.06.2007. 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 abscondance of the accused and also having further regard to the fact that the appellants are hailing from impecunious Crl.A. No. 20/2010 : 2 : circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5000/- (Rupees five 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 8th day of January, 2010. V. RAMKUMAR, JUDGE. rv