PACHAN S/O RAMAN Vs. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THE appellants herein are the sureties for the 1st accused in S.C No.331/2001 in the court of Additional District and Sessions Judge (Adhoc) I, Kollam. As the appellants failed to produce the accused, learned Judge of the trial court initiated proceedings against them under Section 446 of the Cr.P.C which culminated in the order dated 26.06.2006 in M.C. No.62/2006. Learned Judge imposed a penalty of Rs.10,000/- each on the appellants. Hence the challenge in this appeal is against the above order.

(2.) HEARD; Counsel for the appellants and learned Public Prosecutor.

(3.) HOWEVER it can be seen that the accused for whom the appellants stood as sureties is no more and he died in an accident, that taken place at Ul Ahsa, Saudi Arabia on 12.07.2006. As the accused went abroad after taking bail, it cannot be held that the same was with the consent of the appellants, and thus they failed to produce the accused before the Court. Therefore while confirming the findings of the Court below against the appellant under Section 446 of the Cr.P.C., I am of the view that the penalty amount fixed by the Court below can be reduced and an amount of Rs.2500/- (Rupees Two thousand and five hundred only) can be fixed as penalty against each of the appellants, which will be sufficient to meet the ends of justice. Accordingly in modification of the order dated 26.06.2006 in M.C No.66/2006 in S.C No. 331/2001 of the trial Court, each of the appellant is directed to pay a penalty of Rs.2500/- under Section 446 of the Cr.P.C., within one month from today and in case any failure on the part of the appellants in depositing the amount within the time granted the trial court is free to take coercive steps to release the above modified penalty amount. This appeal is disposed of accordingly.