SUNIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused and his two sureties in the case S.C.No.1765/2011 on the file of the Assistant Sessions Court, Karunagappally challenging the order dated 04.02.2019 passed by that court under Section 446 Cr.P.C.

(2.) The counsel for the appellants has filed a memo to the effect that the appeal is not pressed as far as it pertains to the first appellant, who is the accused in the case. Since the appeal has not been admitted yet, the appeal filed by the first appellant can be rejected on the basis of the memo filed by the learned counsel for the appellants.

(3.) The second and the third appellants were the sureties of the accused in the case S.C.No.1765/2011 in which an offence punishable under Section 8(1) read with 8(2) of the Abkari Act was alleged against the accused. The accused made default in appearance before the trial court. Then, notice was issued to the second and the third appellants to show cause why penalty shall not be imposed on them. The notice was served on them. They did not appear before the trial court. They did not show cause why penalty shall not be imposed on them. In such circumstances, the trial court imposed a penalty of Rs.25,000/- each on the second and the third appellants.