High Court Kerala High Court

Nabeesa @ Nephisa vs State – Represented By The Public on 24 November, 2009

Kerala High Court
Nabeesa @ Nephisa vs State – Represented By The Public on 24 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 2484 of 2009()


1. NABEESA @ NEPHISA, AGED 49 YEARS,
                      ...  Petitioner
2. MOILAKIRIYATH ABDULLA, AGED 62 YEARS,

                        Vs



1. STATE - REPRESENTED BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.K.P.HARISH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/11/2009

 O R D E R
                   V. RAMKUMAR , J.
              ====================
                   Crl.A. No.2484 of 2009
             =====================
        Dated this the 24th day of November, 2009.

                       JUDGMENT

The appellants were the sureties for the sole accused

in S.C. No.452 of 2007 on the file of the Additional Sessions

Judge(Ad hoc I), Kasaragod. The bond amount was

Rs.25,000/- each. Consequent on the non-appearance of the

accused before the court below, proceedings were initiated

against the appellants under Section 446 Cr.P.C by

registering M.C. No.113 of 2009. To the show cause notice

issued to them, they did not offer any satisfactory

explanation. Thereupon, the court below imposed a sum of

Rs.15,000/- each as penalty as per the impugned order

dated 16.10.2009. 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 appellants were privies to the

abscondance of the accused and also having further regard

Crl.Appeal.No.2484 of 2009
2

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.5,000/- (Rupees

five thousand only) each. The appellants shall deposit the

reduced penalty before the court below within one month

from today.

This appeal is disposed of as above.

Dated this the 24th day of November, 2009.

V. RAMKUMAR, JUDGE.

sj

Crl.Appeal.No.2484 of 2009
2