HAMZA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sureties for the first accused in S.C.No.207 of 2011 of the court of Additional Sessions Judge (Ad hoc)-I, Manjeri, are the appellants as they are aggrieved by the order dated 3.5.2012 in M.C.No.19 of 2012 in S.C.No.207 of 2011 of the said court by which the learned Judge imposed a penalty of Rs.10,000/- on each of the appellants under section 446 of Cr.P.C.

(2.) LEARNED counsel for the appellants submitted that, the appellants are not in a position to produce the accused as he went abroad. It is the further submission of the learned counsel that even if the first accused is not available for trial, it will not affect the progress of the trial since the first accused is not disputing his identity and he will be available before the court at the time of recording 313 statement. Therefore, the counsel submits that the order of the learned Judge of the trial court is liable to be set aside.

(3.) LEARNED counsel for the appellant submitted that in terms of the order passed by this Court on 8.6.2012 in Crl.M.A.No.4290 of 2012, each of the appellant have deposited a sum of Rs.5,000/- in the trial court and the said amount may be ordered to be adjusted against the penalty amount now modified and fixed by this Court. I find no reason to reject the above request. Accordingly, there will be a direction to the trial court that the amount of Rs.5,000/- deposited by each of the appellant in terms of the order dated 8.6.2012 in Crl.M.A.No.4290 of 2012 and as evidenced by the receipt dated 15.6.2012 issued from the sessions court and produced alongwith Crl.M.A.No.4660 of 2012, shall be adjusted against the penalty amount as modified and fixed by this Court. As the appellants have already deposited the modified penalty amount, all coercive steps, if any pending against the appellants, shall stand cancelled. Criminal appeal is disposed of accordingly.