IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 87 of 2009()
1. HAMZA, S/O.VEERANKUTTY,
... Petitioner
2. HAMZA, S/O.ASSAINAR,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.DEVIDAS.U.K
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/02/2009
O R D E R
V. RAMKUMAR, J.
=============
Crl.R.P. No.87 of 2009
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Dated, this the 11th day of February, 2009
ORDER
Revision petitioners who are the sureties of the 7th
accused in C.C.No.292 of 2004 on the file of the Judicial
First Class Magistrate Court-I, Perinthalmanna for the
offences punishable under Sections 143, 147, 448, 380 read
with Section 34 IPC were proceeded against under Section
446 of Cr.P.C. consequent on the non-appearance of the 7th
accused before the trial court. To the show cause notice
issued against the petitioners, they did not even appear
before the trial court. The bond amount was Rs.25,000/-.
The trial court imposed the penalty of Rs.15,000/- on each of
the petitioners. Petitioners had preferred Criminal Appeal
No.469 of 2005 on the file of the Sessions Court, Manjeri.
The learned Additional Sessions Judge as per judgment
dated 12-6-2007 allowed the appeal in part reducing the
penalty to Rs.7,000/- each. Hence, this revision.
Crl.R.P.No.277 of 2009
– 2 –
2. In as much as 7th accused subsequently appeared
before the court and case has since been disposed of, I am
inclined to show some indulgence towards the petitioners.
Accordingly, the penalty amount payable by each of the
revision petitioners is reduced to Rs.5,000/-. The petitioners
shall deposit the reduced penalty before the trial court
within a period of one month from today. In case, the
penalty is eventually found irrecoverable, the surety
concerned shall be liable to be detained in civil prison for
six months.
Accordingly, this Criminal Revision petition is
allowed in part.
Dated this the 11th day of February, 2009.
V.RAMKUMAR, (JUDGE)
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