IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 2484 of 2009()
1. NABEESA @ NEPHISA, AGED 49 YEARS,
... Petitioner
2. MOILAKIRIYATH ABDULLA, AGED 62 YEARS,
Vs
1. STATE - REPRESENTED BY THE PUBLIC
... Respondent
For Petitioner :SRI.K.P.HARISH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/11/2009
O R D E R
V. RAMKUMAR , J.
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Crl.A. No.2484 of 2009
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Dated this the 24th day of November, 2009.
JUDGMENT
The appellants were the sureties for the sole accused
in S.C. No.452 of 2007 on the file of the Additional Sessions
Judge(Ad hoc I), Kasaragod. The bond amount was
Rs.25,000/- 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.113 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.15,000/- each as penalty as per the impugned order
dated 16.10.2009. 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.Appeal.No.2484 of 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 24th day of November, 2009.
V. RAMKUMAR, JUDGE.
sj
Crl.Appeal.No.2484 of 2009
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