SINDHU P. C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred under Sec. 449 of the Code of Criminal Procedure seeking the correctness of the order passed by the Special Judge, Attingal in M.C.No. 13/2021 in S.C. No.1151/2017. The appellants were the counter petitioners in the said M.C. which was initiated under Sec. 446 of the Cr.P.C, after they had failed to produce the accused in S.C. No.1151/2017. The accused was released on bail on bond for Rs.50,000.00 with two solvent sureties each executed by the appellants on 9/6/2017. Thereafter, the said accused went absconding and thereafter, he could not be apprehended. Now he is in Persian Gulf. Before forfeiting the bond, show cause notices were issued to the appellants. They had appeared before court and pleaded their inability to pay the penalty. Even though the bond amount was Rs.50,000.00 each, the court had directed payment of penalty only at Rs.20,000.00 each. Aggrieved by the same, the counter petitioners in the M.C. have preferred this appeal.

(2.) I heard the learned counsel for the appellants and the learned Senior Public Prosecutor. According to the learned counsel, the appellants are aged 49 and 72 years old respectively, they are unemployed, they stood surety to the near relative on bonafide believing that they will be able to produce him before Court. Later he went abroad getting employment, that there is no wilful laches or negligence on their part, that the penalty imposed is exorbitant.

(3.) In fact, the penalty of Rs.20,000.00 each was imposed after hearing them also. There is no point in saying that since the accused had gone abroad, they could not produce him before Court. They should not have stood surety to a person on whom they had no control. However, considering the fact that both are unemployed and also taking into account the fact that the second appellant is an aged lady, I grant further remission and direct them to pay penalty of Rs.10,000.00 (Rupees Ten Thousand only) each, which shall be remitted before court within fifteen days from today, failing which they shall be liable to be sent to civil prison for one month each and also their property shall be liable to be proceeded against.