IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1056 of 2009()
1. ABU,SON OF MOIDU HAJI,AGED 49 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SARVOTHAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :25/03/2009
O R D E R
V. RAMKUMAR, J.
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Crl.R.P. No. 1056 of 2009
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Dated this the 25th day of March, 2009.
O R D E R
The petitioner who was one of the sureties of one Hashim
who was the accused in S.T.C. No. 220 of 2001 on the file of
the Judicial First Class Magistrate-II, Mananthavady, was
proceeded against under Section 446 Cr.P.C. consequent on
the default in appearance of the said Hashim before the
Magistrate. The bond amount was Rs.5000/-. Since the
petitioner did not have any cause to be shown to the show
cause notice issued to him in Form No.48 of Schedule II of
Cr.P.C., the learned Magistrate imposed the bond amount as
penalty. Aggrieved by the order dated 23.10.2002 passed by
the Magistrate, the petitioner preferred an appeal as Crl.
Appeal No. 44 of 2009 before the Sessions Court, Wayanad.
The appeal was filed with a delay of nearly 7 years. The
learned Sessions Judge dismissed C.M.P. No. 458 of 2009 filed
for condoning the inordinate delay. Consequently, the appeal
also has been dismissed. Hence this revision.
2. In the meanwhile, consequent on the order passed by
the trial court, the Tahasildar, Vythiri has proclaimed the
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property of the revision petitioner for sale. Annexure II is the
sale proclamation dated 12.03.2009.
3. In as much as there is nothing to indicate that the
petitioner was a privy to the abscondance of the accused
namely Hashim for whom the petitioner stood as surety, I am
inclined to reduce the penalty to Rs.2000/-. The petitioner
shall deposit the penalty of Rs.2000/- (Rupees two thousand
only) before the trial court within one month from today. In
case the petitioner complies with the above direction, further
proceedings in pursuance of Annexure II sale proclamation
dated 12.03.2009 issued by the Tahsildar, Vythiri shall be
dropped. In case the petitioner commits default in depositing
the penalty, it shall be open to the Tahsildar to proceed with
Annexure II sale proclamation.
This revision is disposed of as above.
Dated this the 25th day of March, 2009.
V. RAMKUMAR, JUDGE.
rv
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