IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Crl.Rev.Pet.No. 113 of 2010() ----------------------------- CRA.456/2006 of SESSIONS COURT, ALAPPUZHA M.C. NO. 5/2006 IN CC.230/2003 of JUDL.MAGISTRATE OF FIRST CLASS- II, ALAPPUZHA .................... REVN. PETITIONERS:-PETITIONERS/APPELLANTS:- -------------------------------------------------------- 1. JOSEPH, AGED 54 YEARS, S/O.CHACKO, PUTHUSSERY VEEDU, MUKKANNOOR PANCHAYATH, WARD NO.VII, MUKKANOOR VILLAGE. 2. M.T.PATHROSE, AGED 53 YEARS, MENACHERY VEEDU, MUKKANNOOR PANCHAYATH, WARD NO.VII, MUKKANOOR VILLAGE. BY ADV. MR. PRAVEEN K. JOY RESPONDENT/STATE & COMPLAINANT:- --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. DISTRICT COLLECTOR, ALAPPUZHA. BY ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 113 of 2010 ========================== Dated this the 11th day of January, 2010. ORDER The petitioners, who were the sureties for the accused in C.C. No. 230 of 2003 on the file of the Judicial First Class Magistrate-II, Alappuzha were proceeded against under Section 446 Cr.P.C consequent on the non-appearance of the accused in the above case. The bond amount was for Rs.60,000/-. To the show cause notice issued to them in Form No. 48 of the II Schedule to Cr.P.C., the petitioners had no valid explanation to offer. The learned Magistrate imposed a sum of Rs.20,000/- each as penalty as per the impugned order dated 28.08.2006. On appeal preferred by the revision petitioners before the Sessions Court, Alappuzha as Crl. Appeal No. 456 of 2006, 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 are impecunious persons who were not privy to the abscondance of the accused in C.C. No. 230 of 2003, I am inclined to reduce the penalty to Crl.R.P. No. 113/2010 : 2 : Rs.5000/- (Rupees five thousand only). The petitioners shall deposit the reduced 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 11th day of January, 2010. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 113/2010 : 3 :