IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.Rev.Pet.No. 1966 of 2008() ------------------------------ CRA.681/2003 of SESSIONS COURT, THALASSERY MC.11/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER: REVISION PETITIONERS/RESPONDENTS ----------------------------------------------------------------- 1. THANKACHAN, S/O.JOSE, COOLIE, CHERIYATH HOUSE, VELLARVALLI AMSOM DESOM, P.O.THONDIYIL, THALASSERY TALUK. 2. JOSE, S/O.MATHAI, THAKKARAKAL HOUSE, VELLARVALLI AMSOM DESOM, P.O.THONDIYIL, THALASSERY TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT: ----------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1966 of 2008 ========================== Dated this the 19th day of June, 2008. ORDER Heard both sides. 2. The petitioners were the sureties for the 3rd accused in C.C. No.148 of 2002, which was a prosecution under Immoral Traffic (Prevention) Act, 1956. The bond amount was Rs.20,000/-. Consequent on the non-appearance of the 3rd accused before the court, proceedings were initiated against the petitioners under Section 446 Cr.P.C. To the show cause notice issued to them in Form No. 48 of the II Schedule to Cr.P.C., they had no valid explanation to be offered except that the accused was absconding without their consent or connivance. The Judicial First Class Magistrate, Kuthuparamba who initiated proceedings against the petitioners as M.C. No. 11 of 2003, imposed the bond amount as penalty on each of the petitioners. On appeal preferred by the revision petitioners as Crl. Appeal No. 681 of 2003 before the Sessions Court, Thalassery, the learned Sessions Judge as per judgment dated 20.09.2007 reduced the penalty to CRL.R.P.NO. 1966/2008 : 2: Rs.10,000/- each. Hence this revision. 3. Taking into consideration the fact that C.C. No. 148 of 2002 subsequently ended in acquittal and taking into account the further fact that the petitioners had no role to play in the abscondance of the accused, I am inclined to reduce the penalty to Rs.5000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the trial court within one month from today, failing which recovery proceedings shall be initiated against them. If the penalty is ultimately found irrecoverable, the defaulting accused shall undergo imprisonment in civil prison for a period of six months. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P.NO. 1966/2008 : 3: