IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 226 of 2009()
1. T.ABDUSALAM, S/O. ABDULLA,
... Petitioner
2. P. ABOOBACKER, S/O. MOIDEEN,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.R.SUDHISH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/02/2009
O R D E R
V. RAMKUMAR, J.
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Crl.R.P.No.226 of 2009
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Dated: 13.02.2009
O R D E R
The petitioners, who were the sureties for the accused in
S.T.No.199 of 2000 on the file of the Chief Judicial Magistrate
Kozhikode 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 Rs.25,000/- each. To the show
cause notice issued under Form 48 of the II Schedule of Cr.P.C
the petitioners had no valid explanation to offer. The learned
Magistrate imposed the bond amount as penalty. Aggrieved by
the judgment of the trial court the revision petitioners preferred
an appeal before the Sessions Court, Kozhikode which was filed
out of time. Since their petition to condone the delay was
dismissed, the appeal was also consequently dismissed. 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
Crl.R.P.No.226 of 2009
-:2:-
the accused, I am inclined to reduce the penalty to Rs.10,000/-
(Rupees ten 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.
V.Ramkumar, Judge.
sj
