IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 CRL.A.No. 2438 of 2009() ------------------------ AGAINST THE ORDER DATED 16/07/2008 IN MC 1105/08 IN SC.253/2007 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM .................... APPELLANTS: CPS-1-3/ACCUSED NO.3:- --------------------------------------------- 1. ABOOBACKER, S/O. KOCHAHAMMED, MUNDETH HOUSE, EDAVOOR, KOOVAPPADY, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. (CP-1) 2. MEETHIYANKUTTY, S/O. ABOOBACKER, MUNDETH HOUSE, EDAVOOR, KOOVAPPADY, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. (CP-2) 3. MUHAMMED RAFI @ APPI RAFEEK, AGED 29 YEARS, S/O. BEERAPILLAI, MUNDETH HOUSE, EDAVOOR, KOOVAPPADY, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. (CP-3/ACCUSED NO.3). BY ADV. MR. NIREESH MATHEW RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.2438 of 2009 ------------------------------------------------------------ Dated this the 26th day of November, 2009. JUDGMENT The 3rd appellant was accused No.3 and appellants 1 and 2 were his sureties in S.C. No. 253 of 2007 on the file of the Additional Sessions Court (Adhoc - I), Ernakulam. The bond amount was Rs.20,000/- each. Consequent on the non- appearance of the 3rd appellant before the court below, proceedings were initiated against the appellants under Section 446 Cr.P.C by registering M.C. No. 1105 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.20,000/- each as penalty as per the impugned order dated 16.07.2008. 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 appellants 1 and 2 were privies to the abscondance of the 3rd appellant who was subsequently Crl. Appeal No. 2438/2009 : 2 : acquitted and also having further regard 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. Amounts, if any, deposited before the court below while condoning the delay in this appeal shall be given credit to. The balance amount shall be deposited within one month from today. This appeal is disposed of as above. Dated this the 26th day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2438/2009 : 3 :