IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2496 of 2008()
1. M.NAZAR, S/O.UMMAR, FIROZ MANZIL,
... Petitioner
2. ASHARAF, S/O.KASIM, KADAPPANA HOUSE,
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.A.K.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :28/07/2008
O R D E R
V. RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.R.P.No.2496 of 2008
= = = = = = = = = = = = = =
Dated this the 28th day of July, 2008
ORDER
The petitioners, who were the sureties for the accused in
S.T.No.271 of 2004 on the files of the J.F.C.M-II, Kottayam were
proceeded against under Section 446 Cr.P.C for the non
appearance of the accused in the above case. The bond amount
was Rs.15,000/-. To the show cause notice issued to the
petitioners in Form No.48 of the IInd schedule of the Cr.P.C,
they offered no valid explanation to the above except that the
accused is absconding without their knowledge or consent.
2. The trial court imposed the bond amount as the penalty .
They preferred an appeal before the Sessions Court, Kottayam as
Crl.Appeal No.168/2008. The learned Sessions Judge as per the
impugned judgment dated 31.05.08 reduced the penalty to
Rs.10,000/-. It is the said judgment which is assailed in this
revision.
3. Considering the fact that the petitioners had no direct
role to play in the accused making himself scarce and were also
Crl.R.P.No. 2496 of 2008
2
not privy to the abscondence of the accused and having regard
to the fact that the petitioners are impecunious persons, I am
inclined to reduce the penalty to Rs.5,000/- (Rupees five
thousand only) each. The petitioners shall deposit the reduced
penalty of Rs.5,000/- (Rupees five thousand only) 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 28th day of July, 2008 .
V. RAMKUMAR, JUDGE
sj