IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3517 of 2010() ------------------------------------------ ( IN C.C.NO.1118/2005 OF THE JFCM-I, ALUVA IN CRL.A.NO. 462/2009 ADDL.DISTRICT AND SESSIONS COURT (ADHOC-III) N. PARAVOOR) --------------------- REVN. PETITIONER(S): APPELLANTS ------------------------------------------------------ 1. JOY, AGED 50 YEARS, S/O. VARKEY MENACHERY HOUSE, JORDANAPURAM, THURAVOOR VILLAGE, ALUVA. 2. BABY, AGED 54 YEARS, S/O. VARKEY, KOORAN HOUSE, THOTTAKAM KARA, MATTOOR VILLAGE, ALUVA. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY) ALUVA. R1 & R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. = = = = = = = = = = = = = = = = Crl. R.P. No.3517 of 2010 = = = = = = = = = = = = = = = = = Dated this the 30 th day of November, 2010. ORDER The revision petitioners were the sureties for the sole accused in C.C. No.1118/2005 on the file of the J.F.C.M -I, Aluva. The bond amount was `25,000/- (Rupees twenty five thousand only) each. Consequent on the non-appearance of the accused before the court below, proceedings were initiated against the petitioners under Section 446 Cr.P.C by registering M.C. No.10/2008. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of `25,000/- (Rupees twenty five thousand only) each as penalty as per the impugned order dated 26.11.2009. 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 petitioners were privies to the Crl. R.P. No.3517/2010 : 2 : abscondance of the accused and also having further regard to the fact that the petitioners are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to `5,000/- (Rupees five thousand only) each. The petitioners shall deposit the reduced penalty before the court below within one month from today. This appeal is disposed of as above. Dated this the 30th day of November, 2010. V. RAMKUMAR, JUDGE. sj