IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 912 of 2008(E)
1. ABDU REHEMAN, S/O.ABDULLA, AGED 54 YEARS
... Petitioner
2. HAYARUNNISA, D/O.ABDUREHAMAN, AGED 22
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/06/2008
O R D E R
V. RAMKUMAR, J.
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Crl.R.P. No. 912 of 2008
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Dated: 09-06-2008
JUDGMENT
The petitioners were the sureties for the first accused in
Crime No. 230/CR/01 of C.B.C.I.D., Kannur for an offence
punishable under Sec. 420 I.P.C. The bond amount was Rs.
10,000/-.
2. Consequent on the non-appearance of the first
accused before the J.F.C.M. – I, Kannur, proceedings under Sec.
446 Cr.P.C. were initiated against the petitioners as M.C. 70 of
2002. To the show cause notice issued to the petitioners in Form
No. 48 of II Schedule to Cr.P.C. they had no valid explanation to
be offered. Thereupon the learned Magistrate imposed the
bond amount as the penalty on each of the petitioners. On appeal
preferred by the petitioners before the Sessions Court,
Thalassery as Crl. Appeal 701 of 2003 , the learned Sessions
Judge as per judgment dated 8-6- 2004 allowed the appeal in
part reducing the penalty to Rs. 15,000/ each – but directed to
the defaulting surety to undergo detention in civil prison for one
Crl.R.P. No. 912 of 2008 -:2:-
month. It is the said judgment which is assailed in this Revision.
3. In as much as there is nothing to show that the
petitioners were privy to the abscondence of the first accused in
Crime No. 230 of 2001 of CBCID, Kannur, I am inclined to
reduce the penalty to Rs. 7,500/- each. The lower appellate court
was not justified in directing detention in civil prison on default
in payment of penalty. Detention in civil prison can be ordered
only if the penalty is ultimately found irrecoverable. The
judgment of the lower appellate court shall stand modified as
above. The petitioners shall deposit the reduced penalty within
forty five days from today .
This Crl.R.P. is disposed of as above .
V. RAMKUMAR, JUDGE) ani.