Udayakumar, S/O. Sudhakara Panicker vs Sub Inspector Of Police,

Dr. Kauser Edappagath, J

This appeal has been filed by the sureties of the accused No.2 in S.C.No.1421/2001 on the files of the Additional Sessions Court (for the trial of Abkari Cases), Neyyattinkara against the order passed in M.C.No.40/2006 dated 3/1/2007.

The appellants stood as sureties for accused No.2 in S.C.No.1421/2001 on executing a bond of Rs.25,000/- each. The accused No.2 absconded and non bailable warrant was issued against him. Thereafter, the court below initiated proceedings under Section 446 of the Cr.P.C. against the appellants. On receipt of the notice under Section 446 of Cr.P.C., the appellants appeared at the court below. However, they could not produce the accused. They pleaded for leniency. Thereafter, the court below imposed a penalty of Rs.20,000/- each to the appellants as per the impugned order. The said order is under challenge in this appeal

Heard both sides.

It is not in dispute that the appellants stood as sureties for accused No.2 in S.C.No.1421/2001 on executing a bond of Rs.25,000/- each. It is also not in dispute that the accused No.2 failed to appear at the court below and accordingly, non bailable warrant was issued against the appellants. Mere failure on the part of the accused to appear at the court below on the date fixed for hearing would result in automatic forfeiture of the bond executed. Therefore, the court below was justified in initiating proceedings under Section 446 of the Cr.P.C. Even though notice was issued to the appellants, they could not produce the accused. Hence, I am of the view that the court below was absolutely justified in imposing penalty to the appellants.

Next question is regarding the amount of penalty imposed. The bond amount was only Rs.25,000/- each and Rs.20,000/- each was imposed as penalty. Learned counsel for the appellant pleaded for leniency on the ground that the appellants are poor. Considering the entire facts and circumstances of the case, I am of the view that the penalty imposed can be reduced to Rs.10,000/- each.

In the result, the appeal is allowed in part. The penalty imposed by the court below vide the impugned order is reduced to Rs.10,000/- each which shall be paid by the appellants within one month, failing which legal consequences shall follow.