Lakshmanan vs State Of Kerala

Dr. Kauser Edappagath, J

Both these Criminal Appeals have been filed against the order passed under Section 446 of Cr.P.C. in M.C.Nos.37/2016 and 38/2016 on the files of the Special Court for the Trial of Offences Against Children (Additional Sessions Court-I), Manjeri (for short, 'the court below').

The appellants herein stood as sureties for the accused Nos. 1 and 2 in S.C.No.424/2015 on the files of the court below by executing two separate bonds for Rs.50,000/-(Rupees Fifty Thousand only) each. Thereafter, the accused Nos. 1 and 2 absconded and non bailable warrant was issued against them. Two separate proceedings were initiated against the appellants under Section 446 of Cr.P.C. On receipt of notice, the appellants appeared at the court below. But, they failed to produce the accused. Hence, the court below treated the bond executed by the appellants as forfeited and imposed the entire bond amount of Rs.50,000/- (Rupees Fifty Thousand only) each as penalty, as per the impugned orders. The said orders are under challenge in this appeal.

I have heard Sri.U.K.Devidas, the learned Counsel for the appellants and Smt. O.V.Bindu, the learned Public Prosecutor.

It is not in dispute that the appellants stood as sureties for the accused Nos. 1 and 2 in S.C.No.424/2015 on the files of the court below, by executing separate bonds for Rs.50,000/- each. It is also not in dispute that accused Nos.1 and 2 failed to appear at the court below and coercive steps were initiated against them. The mere failure on the part of the accused Nos.1 and 2 to appear at the court on the date fixed for hearing would result in automatic forfeiture of the bond executed by the accused Nos.1 and 2 as well as the sureties. Eventhough, the appellants on notice appeared at the court below, they could not produce the accused. Hence, the court below was absolutely justified in treating the bond executed by the appellants as forfeited.

What remains is the penalty. The learned counsel for the appellants submitted that, the appellants are poor persons and they have no ability to pay the huge penalty amount imposed. The court below imposed the entire bond amount as penalty. Considering the entire facts and circumstances of the case, I am of the view that, the penalty imposed can be reduced to Rs.20,000/- (Rupees Twenty Thousand only) each.

In the result, both the appeals are allowed in part. The penalty imposed by the court below in M.C.No. 37/2016 and in M.C.No. 38/2016 is reduced to Rs.20,000/- each, which shall be paid by the appellants within one month, in accordance with law, failing which, the legal consequence shall follow.