IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Crl.Rev.Pet.No. 216 of 2009() ----------------------------- CRA.676/2007 of ADDL.SESSIONS COURT,-I, MAVELIKKARA SC.473/2005 of ASSISTANT SESSIONS COURT, MAVELIKKARA (MC.1/2007) .................... REVN. PETITIONER(S): APPELLANTS ----------------------------------------------------------- 1. VASANTHAKUMAR @ NARAYANAN, AGED 52 YEARS, S/O. RAGHAVAN, VARUN BHAVANAM, MULAKKAZHA VILLAGE, KARACKADU MURI, CHENGANNUR. 2. SUKUMARAN, AGED 32 YEARS, S/O. AYYAPPAN, MALAYUDEVADAKKETHIL, KARACKADU MURI, MULAKKAZHA VILLAGE. 3. MANIAMMA, AGED 42 YEARS, W/O. VASANTHAKUMAR, VARUN BHAVANAM, MULAKKAZHA VILLAGE, KARACKADU MURI, CHENGANNUR. BY ADV. SMT.A.SALINI LAL RESPONDENT(S): RESPONDENT ------------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.216 of 2009 = = = = = = = = = = = = = = Dated this the 25th day of March, 2009 ORDER Petitioners 2 and 3 , who were the sureties for the 1st petitioner accused in S.C.No.473 of 2005 on the file of the Asst.Sessions Judge, Mavelikkara were proceeded against under Section 446 Cr.P.C consequent on the non appearance of the accused(1st petitioner herein) in the above case. The bond amount was Rs.10,000/-. To the show cause notice issued under Form 48 of the II Schedule of Cr.P.C the petitioners had no valid explanation to offer. The learned Magistrate imposed the bond amount as penalty. On appeal preferred by the revision petitioners before the Addl.Sessions Judge, Mavelikkara as Crl.Appeal No.676/2007, the learned Sessions Judge dismissed the appeal. Hence this Revision. 2. Having regard to the facts and circumstances of the case and also considering the fact that the petitioners 2 & 3 are impecunious persons who were not privy to the abscondance of the accused/1st petitioner in S.C.No.473/2005 on the files of Asst.Sessions Judge, Mavelikkara, I am inclined to fix the penalty to Rs.2,500/- (Rupees two thousand five hundred only). The petitioners shall deposit the penalty within one month from today, failing which proceedings shall be initiated against them for realisation of the same. This Crl.R.P.is disposed of as above. Dated this the 25 th day of March, 2009. V. RAMKUMAR, JUDGE sj