RAZAK @ MENU VALAPPIL RAZAK Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants are the sureties for the sole accused in S.C.No.143 of 2011 and they executed the bail bond on the basis of the order passed by this Court on 10.2.2012, when this Court suspended the execution of sentence imposing certain conditions. As the accused, who is the appellant in Crl.A.No.208 of 2012, failed to comply with the second condition of depositing Rs.75,000/- out of the fine amount, the learned Judge of the trial court initiated proceedings under Section 446 of the Cr.P.C. and issued notice to the appellants. But, the appellants failed to produce the said accused and consequently,the court below issued Annexure AII order under Section 446 of Cr.P.C. imposing penalty of Rs.75,000/- on each of the appellants. It is the above order under challenge in this appeal.

(2.) COUNSEL for the appellants submitted that though this Court suspended the execution of the sentence and the time granted to deposit the amount was subsequently extended, the said fact could not be brought to the notice of the trial court and it was under the above circumstances, the learned Judge passed the impugned order. It is also the submission of the learned counsel that though the appellants appeared before the court below on receiving notice from the court in the above proceedings and they sought time to produce the accused, the same was declined. Therefore, the counsel submitted that order of the court below is illegal and arbitrary and liable to be set aside.

(3.) LEARNED counsel for the appellants submitted that each of the appellants has already deposited Rs.25,000/- in terms of the order passed by this Court on 14.9.2012 in Crl.M.A.No.6823 of 2012 and it is the further submission of the counsel that the said amount may be ordered to be adjusted against the penalty amount now revised and fixed by this Court. According to me, the said submission requires positive consideration. In the light of the facts and circumstances involved in the case, accordingly, there will be a direction to the trial court that an amount of Rs.25,000/- deposited by each of the appellants vide receipt dated 24.9.2012 issued from the said court, which is produced before this Court as per the memo dated 26.9.2012 is ordered to be adjusted against the amount now revised and refixed by this Court under Section 446 of Cr.P.C. As the appellants have already deposited the revised penalty amount, coercive steps, if any, taken against the appellants shall stand cancelled. Accordingly, this Criminal Appeal is disposed of as above.