High Court Kerala High Court

Joseph vs State Of Kerala on 11 January, 2010

Kerala High Court
Joseph vs State Of Kerala on 11 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 114 of 2010()


1. JOSEPH, AGED       S/O.CHACKO,
                      ...  Petitioner
2. M.T.PATHROSE, MENACHERY VEEDU,

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.PRAVEEN K. JOY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :11/01/2010

 O R D E R
                      V. RAMKUMAR , J.
          ==========================
                    Crl.R.P. No. 114 of 2010
          ==========================
            Dated this the 11th day of January, 2010.

                            ORDER

The petitioners, who were the sureties for the accused in

C.C. No. 229 of 2003 on the file of the Judicial First Class

Magistrate-II, Alappuzha were proceeded against under Section

446 Cr.P.C consequent on the non-appearance of the accused in

the above case. The bond amount was for Rs.60,000/-. To the

show cause notice issued to them in Form No. 48 of the II

Schedule to Cr.P.C., the petitioners had no valid explanation to

offer. The learned Magistrate imposed a sum of Rs.20,000/-

each as penalty as per the impugned order dated 28.08.2006.

On appeal preferred by the revision petitioners before the

Sessions Court, Alappuzha as Crl. Appeal No. 457 of 2006, the

learned Sessions Judge dismissed the appeal. Hence this revision.

2. Having regard to the facts and circumstances of the case

and also considering the fact that the petitioners are impecunious

persons who were not privy to the abscondance of the accused in

Crl.R.P. No. 114/2010 : 2 :

C.C. No. 229 of 2003, I am inclined to reduce the penalty to

Rs.5000/- (Rupees five thousand only). The petitioners shall

deposit the reduced penalty within one month from today, failing

which proceedings shall be initiated against them for realisation

of the same.

This Crl. R.P is disposed of as above.

Dated this the 11th day of January, 2010.

V. RAMKUMAR, JUDGE.

rv

Crl.R.P. No. 114/2010 : 3 :