IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 CRL.A.No. 2620 of 2009() ------------------------ AGAINST THE ORDER DATED 26/04/2008 IN MC.558/2008 IN SC.113/2008 of ADDL. SESSIONS COURT (ADHOC), THALASSERY .................... APPELLANT(S): PETITIONER --------------------------------------------- 1. SOMAN S/O.VARKEY, MANGATH HOUSE KORAMBAKALLY P.O.,PADIYOTTUCHAL, PERINGOM. 2. LEELAMMA, W/O.RAJAPPAN, KAKKANAT HOUSE PERINGOM PANCHAYAT, CHUNDA,KANNUR. BY ADV. SRI.C.A.JOSEPH RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.B.JAYASOORYA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = = = = = Crl. A. No.2620 of 2009 = = = = = = = = = = = = = = = = = = = = Dated this the 14 th day of December, 2009. JUDGMENT The appellants were the sureties for the sole accused in S.C. No.113 of 2008 on the file of the Additional Sessions Court, Adhoc-I, Thalasseri. 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.558 of 2008. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs.10,000/- each as penalty as per the impugned order dated 26.04.2008. 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 Crl.A.No.2620/09 2 abscondence of the accused and also having further regard to the fact that the appellants are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs.5,000/- (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 14th day of December, 2009. V. RAMKUMAR, JUDGE. sj Crl.A.No.2620/09 2