KARTHAYAYINI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred under Sec. 449 of Cr.P.C challenging the order passed by the Additional Sessions Court I, Kasaragod under Sec. 446 of Cr.P.C. in M.C. No. 97/2017 in S.C. No. 754/2016.

(2.) The appellants herein stood as sureties for the accused in S.C. No. 754/2016 by executing a bond for â " 50,000/- each. Thereafter, the accused failed to appear at the court below. Hence non bailable warrant was issued against him, yet his presence could not be secured. Hence, the court below initiated proceedings under Sec. 446 of Cr.P.C against the appellants. Even though opportunity was given to the appellants to produce the accused, they failed to produce him. Hence, the court below forfeited the bond and â " 25,000/- each was imposed as penalty as per the impugned order. The said order is under challenge in this appeal.

(3.) I have heard Sri. Ramesh, the learned counsel for the appellants and Smt. T.V. Neema, the learned Senior Public Prosecutor.