GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE counter petitioners 1 to 3 in M.C. No. 37/2004 registered by the Additional District & Sessions Court (Ad hoc) 1, Kollam, consequent on the violation of the conditions of a bond executed in S.C. No. 349/99 on the file of that Court, have preferred this appeal challenging the impugned order of that court directing the counter petitioners to remit Rs. 25,000/- each as penalty or to undergo imprisonment in civil jail, for a period of six months.

(2.) THE points that raised for consideration of this Court are that,

(3.) S .446(1) Cr.P.C., inter alia, lays down that, 'where a bond under the Code of Criminal Procedure is executed for the appearance of the accused before a Court, and if it is proved to the satisfaction of the Court that the bond has been forfeited, after recording the grounds of such proof, the Court may call upon any person bound by such bond to pay the penalty thereto or to show cause, why the penalty should not be paid'. Sub-section 2 of S.446 further say that if no sufficient cause is shown and the penalty is not paid, the Court may proceed to recover the same, as if such penalty were a fine imposed by it under this Code. The proviso to sub-section 2 of S.446 Cr.P.C. is as follows:-