IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 2681 of 2009()
1. HANEEFA K.M., S/O.MUHAMMAD,
... Petitioner
2. NABEESA, W/O.ASHRAF SHARAVANI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/12/2009
O R D E R
V. RAMKUMAR , J.
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Crl. A. No. 2681 of 2009
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Dated this the 22nd day of December, 2009.
JUDGMENT
The appellants were the sureties for the 2nd accused in
S.C. No. 313 of 2007 on the file of the Additional Sessions
Court (Adhoc – II), Kasaragod. The bond amount was
Rs.20,000/- each. Consequent on the non-appearance of the
accused before the court below, proceedings were initiated
against the appellants under Section 446 Cr.P.C by
registering M.C. No. 47 of 2009. To the show cause notice
issued to them, they did not offer any satisfactory
explanation. Thereupon, the court below imposed a sum of
Rs.20,000/- each as penalty as per the impugned order
dated 06.06.2009. It is the said order which is assailed in
this appeal.
2. Having regard to the fact that there is nothing on
record to show that the appellants were privies to the
abscondance of the accused and also having further regard
Crl. A. No. 2681/2009 : 2 :
to the fact that the appellants are hailing from impecunious
circumstances, I am inclined to reduce the penalty.
Accordingly, the penalty is reduced to Rs.5,000/- (Rupees
five thousand only) each. The appellants shall deposit the
reduced penalty before the court below within one month
from today.
This appeal is disposed of as above.
Dated this the 22nd day of December, 2009.
V. RAMKUMAR, JUDGE.
rv
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