MUNEER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants are sureties 1 and 2 respectively for A3, A5, A6, A7 and A8 in S.C No.546/2011 of the Court of Additional Sessions Judge, Vadakara. As they failed to produce the accused in terms of their contractual obligation, the court below initiated proceedings u/s 446 of the Code of Criminal Procedure and, thus, registered M.C No.16/2012 in S.C No.546/2011 and finally, by order dated 31.07.2012 imposed a penalty of Rs.5,000/ - on each of the accused for whom they stood as sureties. It is the above order challenged in this Appeal.

(2.) HEARD Adv.Sri.T.K.Kunhabdullah, learned counsel appearing for the appellant and the learned Public Prosecutor.

(3.) ON a perusal of Annexure I, which is the impugned order, it can be seen that though show cause notices were issued to the appellants and they received the same, they did not choose to appear before the court and no explanation is offered for their failure to produce the accused.