VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred under Sec. 449 of Cr.P.C challenging the order passed by the Fast Track Special Court, Palakkad in M.C.No.2/2022 in S.C.No.794/2019 dtd. 11/5/2022.

(2.) The appellants herein stood as sureties for the accused in S.C.No.794/2019 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 notice issued by the court below was received by the sureties, they could not produce the accused at the court below. Hence, the court below treated the bond as forfeited and â "? ?20,000/- each was imposed as penalty as per the impugned order. The said order is under challenge in this appeal.

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