IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3139 of 2008()
1. MANOJ S/O.MANI R/AT.PEEDIKAPARAMBIL
... Petitioner
2. MOHANAN, S/O.RAGHAVAN, PENTHRA VEEDU
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
For Petitioner :SRI.ABRAHAM GEORGE JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/09/2008
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 3139 of 2008
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Dated this the 5th day of September, 2008.
ORDER
The petitioners, who are the sureties for the accused in C.C.
No. 496 of 2002 on the file of the Chief Judicial Magistrate,
Kottayam, which was a prosecution under Section 138 of the
Negotiable Instruments Act, 1881, were proceeded against under
Section 446 Cr.P.C consequent on the non-appearance of the
accused. The bond amount was Rs. 7,500/- each. To the show
cause notice issued to them in Form No. 48 of the II Schedule to
Cr.P.C., they had no valid explanation to offer. The trial court
imposed the bond amount as penalty. On appeal preferred by
the revision petitioners as Crl. Appeal No.121 of 2008 before the
Sessions Court, Kottayam, that court reduced the penalty to
Rs.5000/- each. Hence this revision.
2. In as much as the accused subsequently appeared and
was convicted and a revision filed by him is pending before this
Court and also having regard to the fact that the petitioners are
stated to be poor labourers and in impecunious circumstances, I
CRL.R.P. NO. 3139/2008 : 2:
am inclined to reduce the penalty to Rs.3000/- each. The
petitioner shall deposit the reduced amount of penalty before the
trial court within one month from today.
This Crl.R.P. is disposed of as above.
Dated this the 5th day of September, 2008.
V. RAMKUMAR, JUDGE.
rv
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