Aboobacker vs State Of Kerala

Dr.Kauser Edappagath, J

This criminal appeal has been filed under Section 449 of the Cr.P.C challenging the order passed in M.C.No.48/2018 in S.C.No.533/2016 on the

files of the Additional Sessions Judge-I, Kasaragod.

The appellant stood as one of the sureties for the accused in S.C.No.533/2016 by executing a bond for Rs.50,000/-. The accused failed to appear at

the court below and accordingly, the bail bond executed by the appellant and the other surety were forfeited by the court below. The proceedings

under Section 446 of Cr.P.C were initiated against them. Though the appellant appeared at the court below, he could not produce the accused or

furnish reasonable explanation. Accordingly, the court below imposed a penalty of Rs.35,000/- as per the impugned order. The said order is under

challenge in this appeal.

I have heard Sri. P.P. Biju, the learned counsel for the appellant and Smt. Bindu O.V., the learned Public Prosecutor.

Admittedly, the appellant stood as one of the surety for the accused in S.C.No.533/2016 by executing a bond for Rs.50,000/-. It is also not in dispute

that the accused failed to appear at the court below and non bailable warrant was issued against him. The mere failure on the part of the accused to

appear at the court below on the date of hearing would result in automatic forfeiture of the bond. Hence, the court below was absolutely justified in

initiating proceedings under Section 446 of Cr.P.C and treating the bond executed by the appellant as forfeited.

The next point to be considered is the quantum of penalty imposed. The court below imposed Rs.35,000/- as penalty. The learned counsel for the

petitioner submits that the petitioner is working as a supplier in a hotel and now he is suffering from kidney disease. The counsel submitted that the

petitioner's one kidney is to be replaced. He further submitted that, at present, he is not having a job or source of income. In these circumstances, I am

of the view that the penalty imposed can be reduced to Rs.10,000/-(Rupees ten thousand).

In the result, the appeal is allowed in part. The penalty imposed vide impugned order is reduced to Rs.10,000/- (Rupees ten thousand), which shall be

paid by the appellant within one month from today, failing which legal consequences shall follow.