IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 114 of 2010()
1. JOSEPH, AGED S/O.CHACKO,
... Petitioner
2. M.T.PATHROSE, MENACHERY VEEDU,
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.PRAVEEN K. JOY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/01/2010
O R D E R
V. RAMKUMAR , J.
==========================
Crl.R.P. No. 114 of 2010
==========================
Dated this the 11th day of January, 2010.
ORDER
The petitioners, who were the sureties for the accused in
C.C. No. 229 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. 457 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
Crl.R.P. No. 114/2010 : 2 :
C.C. No. 229 of 2003, I am inclined to reduce the penalty to
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. 114/2010 : 3 :