Prabhakaran vs State Of Kerala on 23 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 2730 of 2009()



1. PRABHAKARAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.KODOTH SREEDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/12/2009

 O R D E R
                         V. RAMKUMAR , J.
           -------------------------------------------------------------
                         Crl. A. No. 2730 of 2009
            ------------------------------------------------------------
          Dated this the 23rd day of December, 2009.

                               JUDGMENT

The appellant was the surety for the accused in S.C.

No. 141 of 2008 on the file of the Additional Sessions Court

(Adhoc – I), Kasaragod. The bond amount was Rs.10,000/-.

Consequent on the non-appearance of the accused before

the court below, proceedings were initiated against the

appellant under Section 446 Cr.P.C by registering M.C. No.

98 of 2009. To the show cause notice issued to him, he did

not offer any satisfactory explanation. Thereupon, the court

below imposed a sum of Rs.5000/- 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 appellant was privy to the

abscondance of the accused and also having further regard

to the fact that the appellant is hailing from impecunious

Crl. A. No. 2730 of 2009 : 2

circumstances, I am inclined to reduce the penalty.

Accordingly, the penalty is reduced to Rs.3000/- (Rupees

three thousand only). The appellant shall deposit the

reduced penalty before the court below within one month

from today.

This appeal is disposed of as above.

Dated this the 23rd day of December, 2009.

V. RAMKUMAR, JUDGE.

rv

Crl. A. No. 2730 of 2009 : 3