Kerala High Court
Vijayamma & Another vs State Of Kerala on 6 January, 2010
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 56 of 2010()
1. VIJAYAMMA & ANOTHER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.R.ARUN KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/01/2010
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 56 of 2010
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Dated this the 6th day of January, 2010.
ORDER
The petitioners, who were the sureties for the accused in S.T. No.469 of 2006 on the file of the Judicial First Class Magistrate-II, Haripad 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 for Rs.25,000/- each. To the show cause notice issued to them in Form No. 48 of the II Schedule to Cr.P.C., the petitioners had no valid explanation to offer. The learned Magistrate imposed the bond amount as penalty. On appeal preferred by the revision petitioners before the Addl. Sessions Court-I, Mavelikkara as Crl. Appeal No. 532 of 2009, the learned Sessions Judge dismissed the appeal as barred by limitation. 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 the accused in S.T. No. 469 of 2006, I am inclined to reduce the penalty to Crl. R.P. No. 56/2010 : 2 : Rs.5000/- (Rupees five thousand only) each. 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.
Dated this the 6th day of January, 2010.
V. RAMKUMAR, JUDGE.
rv Crl. R.P. No. 56/2010 : 3 :