IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1966 of 2008()
1. THANKACHAN, S/O.JOSE,
... Petitioner
2. JOSE, S/O.MATHAI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/06/2008
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 1966 of 2008
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Dated this the 19th day of June, 2008.
ORDER
Heard both sides.
2. The petitioners were the sureties for the 3rd accused in
C.C. No.148 of 2002, which was a prosecution under Immoral
Traffic (Prevention) Act, 1956. The bond amount was
Rs.20,000/-. Consequent on the non-appearance of the 3rd
accused before the court, proceedings were initiated against the
petitioners under Section 446 Cr.P.C. 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 be offered except that the accused
was absconding without their consent or connivance. The Judicial
First Class Magistrate, Kuthuparamba who initiated proceedings
against the petitioners as M.C. No. 11 of 2003, imposed the bond
amount as penalty on each of the petitioners. On appeal
preferred by the revision petitioners as Crl. Appeal No. 681 of
2003 before the Sessions Court, Thalassery, the learned Sessions
Judge as per judgment dated 20.09.2007 reduced the penalty to
CRL.R.P.NO. 1966/2008 : 2:
Rs.10,000/- each. Hence this revision.
3. Taking into consideration the fact that C.C. No. 148 of
2002 subsequently ended in acquittal and taking into account the
further fact that the petitioners had no role to play in the
abscondance of the accused, I am inclined to reduce the penalty
to Rs.5000/- (Rupees five thousand only) each. The petitioners
shall deposit the reduced penalty before the trial court within one
month from today, failing which recovery proceedings shall be
initiated against them. If the penalty is ultimately found
irrecoverable, the defaulting accused shall undergo imprisonment
in civil prison for a period of six months.
This Crl.R.P. is disposed of as above.
V. RAMKUMAR, JUDGE.
rv
CRL.R.P.NO. 1966/2008 : 3: