IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.Rev.Pet.No. 2664 of 2009() ------------------------------ CRA.927/2008 of ADDL.SESSIONS COURT, KOZHIKODE MC.116/2008 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER(S): APPELLANT/RESPONDENT ----------------------------------------- CHANDRAN, S/O. KARIYATHAN, AGED 50 YEARS, THUVVAKKUNNUMMAL HOUSE THAMARASSERI, KOZHIKODE DIST. BY ADV. SMT.SHOBA ANNAMMA EAPEN RESPONDENT(S): APPELLANT/RESPONDENT AND STATE --------------------------------------------- 1. RAJAN, S/O. OOLAN, AGED 42 YEARS CHAUNDAKKUNNUMMAL HOUSE, THAMARASSERI KOZHIKODE DIST. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH,J -------------------------------- Crl.R.P.No.2664 of 2009 ------------------------------- Dated this the 18th August,2009 ORDER Notice to Respondent no.2 is dispensed with in view of the order I propose to pass in this revision which is not prejudicial to him. 2. This revision is in challenge of judgment of learned First Additional Sessions Judge, Kozhikode in Crl.Appeal No.927 of 2008. Petitioner and respondent no.1 stood as sureties for accused Nos. 1 to 4 in C.P.56/2007 of the court of learned Judicial First Class Magistrate Court-III, Kozhikode for offence punishable under section 395 of Indian Penal Code. Since the accused failed to appear in court, their bail bonds were forfeited and notice was issued to the petitioner and respondent no.1 to show cause against imposition of penalty. Petitioner and respondent no.1 appeared in the trial court. The explanation given by them was found to be not satisfactory to the learned magistrate. Hence they were directed to pay penalty at the rate of Rs.7,500/- (Rupees Seven Thousand and Crl.R.P.No.2664 of 2009 2 Five Hundred only) in respect of each accused ( 4 accused) which came to Rs.30,000/- (Rupees Thirty Thousand only) each for petitioner and respondent no.1. They preferred appeal. Learned Additional Sessions Judge modified penalty payable by petitioner and respondent no.1 as Rs.15,000/- (Rupees Fifteen Thousand only) each. It is contended by the learned counsel that penalty even as modified is excessive and beyond the capacity of petitioner. It is also submitted that petitioner is a kooli worker and being neighbour of the accused, happened to be a surety for them. Having regard to the facts and circumstances I am satisfied that penalty of Rs.10,000/- is sufficient in this case so far as petitioner is concerned. Accordingly, the revision petition is allowed in part. Penalty payable by petitioner is modified as Rs.10,000/- (Rupees Ten Thousand only). In case penalty is not paid or its recovery becomes impracticable petitioner has to undergo detention in the civil prison for one month. THOMAS P JOSEPH,JUDGE ssn Crl.R.P.No.2664 of 2009 3