IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.Rev.Pet.No. 911 of 2008() ----------------------------- CRA.305/2005 of ADDL.SESSIONS COURT (ADHOC)III, MANJERI MC.16/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PERINTHALMANNA .................... REVN. PETITIONER: REVISION PETITIONER/SURETIES ----------------------------------------------------------------------------------------- 1. CHERIYA MUHAMMED, AGED 42 YEARS, S/O.ALIPPU, CHETHYATHODI HOUSE, MELATTUR AMSOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. MUHAMMED ALI, AGED 45 YEARS, S/O.MOIDEEN, KURUPATH HOUSE, MELATUR, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT --------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.911 of 2008 = = = = = = = = = = = = = = Dated this the 24th day of March, 2008 ORDER The petitioners, who were the sureties for the accused in C.C.No.71 of 2001 on the files of the J.F.C.M-I., Perinthalmanna for offences punishable under Sections 454 and 380 IPC were proceeded against under Section 446 Cr.P.C for the non appearance of the accused in the above case. The bond amount was Rs.10,000/-. To the show cause notice issued to them, the petitioners had no valid explanation except to contend that the accused was mentally abnormal and that is why they were not able to apprehend him and produce him before the court. The learned Magistrate imposed a sum of Rs.8,000/- as penalty and granted remission for the balance amount of Rs.2,000/- to each of the revision petitioners. Their appeal before the Sessions Court, Manjeri as Crl.Appeal No.305/2005 did not succeed. Hence this Revision. 2. Considering the fact that the petitioners had no direct role to play in the accused making himself scarce and were also not privy to the abscondence of the accused and having regard Crl.R.P.No. 911 of 2008 2 to the fact that the petitioners are impecunious persons, I am inclined to reduce the penalty to Rs.4,000/- 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. V. RAMKUMAR, JUDGE sj