Abdul Majeed @ Majeed vs State Of Kerala on 4 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3568 of 2007()


1. ABDUL MAJEED @ MAJEED, S/O.ABDULLAH,
                      ...  Petitioner
2. HAMZA, S/O.KUNJI MOHAMMED,

                        Vs



1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.SAMSUDIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/10/2007

 O R D E R
                            V. RAMKUMAR , J
                ==========================
                      CRL. R.P. NO. 3568 OF 2007
                ==========================
                Dated this the 4th day of October, 2007.


                                 ORDER

Undertaking to forfeit to the Government a sum of Rs.15,000/-

in the event of 4th accused in Crime No. 90/2005 of Kalpakancheri

Police Station failing to appear before the court, the revision

petitioners stood as his sureties. The 4th accused thereafter committed

default in appearance and consequently proceedings were initiated by

the Judicial First Class Magistrate, Tirur under Section 446 Cr.P.C. The

revision petitioners could not produce the accused even after granting

time. Holding that they did not show any cause in response to the

show cause notice, the learned Magistrate imposed the entire bond

amount of Rs.15,000/- as penalty on each of the revision petitioners.

It was also ordered that if the penalty became irrecoverable the

revision petitioner should undergo imprisonment in civil prison for six

months. Aggrieved by the order dated 13.02.2006 passed by the

Magistrate, the revision petitioner preferred an appeal before the

Sessions Court, Manjeri. As per judgment dated 07.07.2007, the

Additional Sessions Court (Fast Track-III), Manjeri partly allowed the

appeal reducing the penalty to 1/3rd of the bond amount. Hence this

CRL. R.P. NO. 3568/2007 : 2:

revision.

2. The learned counsel for the revision petitioners submitted

that in spite of best efforts, the revision petitioners could not produce

the accused who is reported to be in Bombay and prayed for leniency.

Having regard to the fact that the petitioners are collie workers in

impecunious circumstances, I am inclined to show some leniency.

Accordingly, the penalty is reduced to 50% of the bond amount. Each

of the revision petitioner shall deposit a sum of Rs.7,500/- by way of

penalty before the Trial Court within 45 days from today failing which

they shall be liable to be proceeded against for default. If the penalty

is ultimately found to be irrecoverable each of the defaulting revision

petitioner shall undergo imprisonment in a civil prison for six months.

The revision petition is disposed of accordingly.

sd/-V. RAMKUMAR, JUDGE.

rv

CRL. R.P. NO. 3568/2007 : 3: