K.PURUSHOTHAMAN, S/O.KRISHNAN vs STATE OF KERALA

The appellants herein are the sureties of one of the

accused in S.C No.104/2007 of the Court of Session,

Kasaragod. The said case came up before the learned

Additional Sessions Judge (Adhoc) III, Kasaragod for trial

and disposal. When the accused failed to appear in court,

the learned trial Judge initiated proceedings against the

sureties under Section 446 Cr.P.C in M.C 158/2009. On

forfeiture of bond, the sureties were given notice to produce

the accused in court, or to show cause against imposition

of the bond amount as penalty. The bond amount is

20,000/- each. The sureties did not respond to the show

cause notice, and they remained absent. In such a

circumstance, the learned trial Judge passed orders on

20.11.2009 in M.C 158/2009 imposing the entire amount of

bond as penalty. Aggrieved by the said order, the sureties

have come up in appeal under Section 449 Cr.P.C.

On hearing both sides, and on a perusal of the

materials including the impugned order, I find that no scope

for interference on the ground of any irregularity or illegality

in the order of the court below or in the procedure adopted

by the court below. Due show cause notice against

imposition of the bond amount as penalty was given to the

sureties after recording forfeiture of the bond. The learned

trial Judge imposed the bond amount as penalty when the

sureties failed to appear in court, or when they failed to

show case against imposition of penalty. Thus, the

impugned order is legally right. However, in the particular

facts and circumstances, I feel it appropriate to give some

concession to the appellants by reducing the amount of

penalty. Probably due to rustic innocence, the sureties

thought not to appear in court on getting the show cause

notice. It would be inappropriate to impose the entire bond

amount as penalty in their case.

In the result, this appeal is disposed of, confirming the

legality of the order passed by the court below, however,

with a modification that the amount of penalty payable by

the appellants shall be 5000/- each and the balance

amount of bond will stand remitted under the law. If the

appellants have already remitted 5000/- each in the court

below as ordered by this Court as a condition for suspension

of the enforcement of the impugned order, the said amount

can be adjusted towards the amount of penalty.