IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 CRL.A.No. 2404 of 2009() ------------------------ AGAINST THE ORDER DATED 07/03/2009 IN MC 63/08 IN SC.310/2007 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA .................... APPELLANTS/ RESPONDENTS:- ----------------------------------- 1. MUTHACHIKUNNUMMAL MOIDU, S/O.AMMAD, VANIMEL AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. KASIM, S/O.ISMAIL, ULLIYOORA LAKSHAM VEEDU, NARIPPATTA AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. MR. K.V.SOHAN MS. SREEJA SOHAN.K. RESPONDENT/PETITIONER:- -------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAPURAM, (CRIME NO. 147/2003), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2404 of 2009 ------------------------------------------------------------ Dated this the 13th day of November, 2009. JUDGMENT The appellants were the sureties for the accused in S.C. No. 310 of 2007 on the file of the Additional District & Sessions Court, Vadakara. The bond amount was Rs.25,000/- 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. 63 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 07.03.2009. 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 Crl.A. No. 2404 of 2009 : 2 : 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.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 13th day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl.A. No. 2404 of 2009 : 3 :