VELU IKKORAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The two revision petitioners before us executed a surety bond dated 14-10-1971 in M. C. No. 5 of 1971 of the Additional I Class Magistrate's Court, Ernakulam, undertaking to produce one Joy, son of Mathai, on the date of the hearing of that case on 15-11-1971 and on subsequent dates to which the case was to be posted for hearing and in case of default of his production they further undertook under the bond to forfeit each of them a sum of Rs. 1000/- to the State of Kerala. The petitioners failed to comply with the terms of the bond. So by an order dated 14-2-1972 the Additional First Class Magistrate forfeited the amount of Rs.1000/- after notice to the petitioners under S.514 Cr. P.C. but their liability was reduced to Rs. 300/- each with direction to pay the said sum as penalty failing which the Court also ordered that their movable properties shall be attached to realise the amount. It is against that order that the revision petition is filed.

(2.) Some more facts are necessary to be stated for a proper appreciation of the contention raised before us. Joy, referred to above was arrested by the police on 23-12-1970 under S.48(d) of the Kerala Police Act, 1960 (Act 5 of 1961). It reads:

(3.) This revision petition came first before a single Judge of this Court It was referred to a Division Bench as a question of law was involved in the case. It was accordingly that the petition came up before us.