Thomas. Aged 54 vs State Of Kerala on 16 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 367 of 2010()


1. THOMAS. AGED 54, S/O. ABRAHAM,
                      ...  Petitioner
2. JAYADHARAN, S/O.THYAGARAJAN,

                        Vs



1. STATE OF KERALA, REPRESETNED BY THE
                       ...       Respondent

                For Petitioner  :SRI.R.SURAJ KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :16/02/2010

 O R D E R
                        V. RAMKUMAR , J.
                --------------------------------------------------
                        Crl. R.P. No. 367 of 2010
               ----------------------------------------------------
           Dated this the 16th day of February, 2010.

                                  ORDER

The revision petitioners were the sureties for the sole

accused in C.P. No. 124 of 2008 on the file of the Judicial

First Class Magistrate-I, Punalur. The bond amount was

Rs.50,000/- each. Consequent on the non-appearance of the

accused, the learned Magistrate initiated the proceedings

against the petitioners as M.C. No. 28 of 2009 (L.P. No. 67

of 2010) under Section 446 Cr.P.C. To the show cause

notice issued to them, they did not respond to the same nor

did they offer any reasonable explanation for the non-

appearance of the accused. Thereupon consistent with the

undertaking given by them, the learned Magistrate imposed

the bond amount as penalty. Aggrieved by the order passed

by the Magistrate, the petitioners filed an appeal before the

Sessions Court, Kollam with a petition to condone the delay

of 125 days filed as Crl. M.P. No. 3220 of 2009. The learned

Crl.R.P. No. 367/2010 : 2 :

Sessions Judge dismissed the petition to condone the delay

and consequently the appeal was also dismissed as time

barred. Hence this revision.

2. In as much as there is nothing to show that the

petitioners were privies to the abscondance of the accused

who is alleged to have slipped out of the country, the

learned Magistrate was not justified in imposing the bond

amount as penalty. Having regard to the facts and

circumstances of the case, I am of the view that a sum of

Rs.7,500/- each shall be the reasonable and fair penalty.

Accordingly, the penalty imposed on the revision petitioners

is reduced to Rs.7,500/- each and they shall deposit the

amount of penalty within one month from today.

This revision is disposed of as above.

Dated this the 16th day of February, 2010.

V. RAMKUMAR, JUDGE.

rv

Crl.R.P. No. 367/2010 : 3 :