ABDUL LATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The counter petitioners in M.C.No.38/2004 and M.C.No.24/2004 in S.C.No.176/2001 of the Additional Sessions Judge, Fast Track Court I, Alappuzha, have filed Crl.Appeal Nos.1871 and 1872 of 2006, challenging the orders dated 03.11.2004, whereby they have been imposed with a penalty of ?5,000/- each, as undertaken by them in the bonds executed before the committal court.

(2.) S.C.No.176 of 2001 was initiated against 6 accused, for offence under Section 55(a) of the Abkari Act, upon a charge sheet filed by the Circle Inspector of Police, Alappuzha North Police Station. The accused Nos.5 and 6 who had been arrested and released on bail, jumped the bail and were not available at the time of trial. The State had then filed petitions seeking action against the sureties under Section 446 of the Criminal Procedure Code. M.C.No.38 of 2004 is the proceedings initiated against the sureties of the 5th accused and M.C.No.24 of 2004 is the proceedings initiated against the 6th accused.

(3.) It is seen from the order that subsequent to the filing of the above petitions, the accused had appeared before the Court. However, since there was a violation of the bond conditions, the court below has issued the impugned orders, imposing the penalty of Rs.5,000/- on the appellants. It is aggrieved by the above order, the appellants have come up before this Court.