LAKSHMANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these Criminal Appeals have been filed against the order passed under Sec. 446 of Cr.P.C. in M.C.Nos.37/2016 and 38/2016 on the files of the Special Court for the Trial of Offences Against Children (Additional Sessions Court-I), Manjeri (for short, 'the court below').

(2.) The appellants herein stood as sureties for the accused Nos. 1 and 2 in S.C.No.424/2015 on the files of the court below by executing two separate bonds for Rs.50,000.00(Rupees Fifty Thousand only) each. Thereafter, the accused Nos. 1 and 2 absconded and non bailable warrant was issued against them. Two separate proceedings were initiated against the appellants under Sec. 446 of Cr.P.C. On receipt of notice, the appellants appeared at the court below. But, they failed to produce the accused. Hence, the court below treated the bond executed by the appellants as forfeited and imposed the entire bond amount of Rs.50,000.00 (Rupees Fifty Thousand only) each as penalty, as per the impugned orders. The said orders are under challenge in this appeal.

(3.) I have heard Sri.U.K.Devidas, the learned Counsel for the appellants and Smt. O.V.Bindu, the learned Public Prosecutor.