IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.Rev.Pet.No. 4651 of 2007() ------------------------------ CRA.300/2007 of SESSIONS COURT, THALASSERY M.C.NO.1/02 OF THE JFCM'S COURT, TALIPARAMBA. .................... REVN. PETITIONER: APPELLANTS; ----------------------------- 1. P.ABDUL RAHIMAN, S/O.ALI, AGED 45 YEARS, SAIDUNAGAR, TALIPARAMBA P.O., TALIPARAMBA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. P.B.KHADAR, S/O.IBRAHIM, AGED 32 YEARS, TALIPARAMBA P.O., TALIPARAMBA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.B.PREMNATH (E) RESPONDENTS: RESPONDENT: ------------------------ STATE OF KERALA (REPRESENTED BY THE S.H.O, TALIPARAMBA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S. BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.R.P. No. 4651 OF 2007 ------------------------------------------------- Dated this the 1st day of January, 2008 ORDER This revision petition is directed against the judgment of the appellate court in an appeal preferred under Sec.449 of the Cr.P.C. 2. One P. Siddhique – one of the accused in C.C.No.628/99 before the Judicial Magistrate of the First Class, Taliparamba, was enlarged on bail on a bond executed by him with the petitioners as sureties. The said Siddhique made himself scarce thereafter and was not available to be proceeded with. This obliged the learned Magistrate to initiate proceedings under Sec.446 of the Cr.P.C. and M.C.No.1/02 was registered before the learned Magistrate. After effecting due service, they were set ex parte and the order under Sec.446 of the Cr.P.C imposing a penalty of Crl.R.P. No. 4651 OF 2007 -: 2 :- Rs.10,000/- was passed against the petitioners – sureties. That order was passed on 29/12/03. Aggrieved by the said order, the petitioners preferred an appeal and the learned Sessions Judge by the impugned judgment in Crl.A.No.300/07 under Sec.449 of the Cr.P.C. reduced the penalty to Rs.5,000/-. 3. The petitioners claim to be aggrieved by the impugned appellate judgment also. According to them, the penalty imposed is excessive. Both courts, they contend, had omitted to take note of the fact that long before the orders under Secs.446 and 449 of the Cr.P.C. were passed, the accused for whom they had stood sureties had been acquitted on 31/10/03 consequent to the withdrawal of the case against the said accused. The learned Magistrate and the learned Sessions Judge ought to have adverted to this aspect, it is submitted. 4. On the liability under Sec.446 of the Cr.P.C., there is no serious dispute. The only contention raised is that the quantum may be reduced in view of the circumstance that even before the order under Sec.446 of the Cr.P.C. was passed, the case against the accused had been withdrawn and the accused had been acquitted. After the acquittal of the accused on 31/10/03, the presence of the accused was not required at all. Thus, on the dates of the impugned orders, the presence of the accused was Crl.R.P. No. 4651 OF 2007 -: 3 :- not necessary before the court at all. 5. I take note of all the relevant circumstances. The impugned orders have been perused by me. The affidavit filed by the petitioners has also been perused by me. I am satisfied, in the facts and circumstances of this case, that the penalty imposed can be reduced taking note of the undisputed prior event of the withdrawal of the case and the acquittal of the accused. The quantum of penalty imposed can, in these circumstances, be reduced taking a lenient view. 6. In the result, this revision petition is allowed. The penalty imposed on the petitioners under Sec.446 of the Cr.P.C. is further reduced to Rs.1,000/- each. If the recovery of the amount is found to be impracticable, the petitioners shall undergo imprisonment in civil prison for a period of one month each. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge