KAMALA W/O CHAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal has been filed under Section 449 of the Code of Criminal Procedure to impugn the order dated 19.06.2014 of the Sessions Court, Kalpetta, Wayanad district in Criminal Miscellaneous Case No.23 of 2014 in S.C No.203 of 2012. The two petitioners herein stood as sureties for the accused in the aforementioned Sessions Case No.203 of 2012 on the file of the Sessions Court, Kalpetta. The Sessions Case arose out of Crime No.638 of of 2007 registered by the Sulthan Batheri Police alleging offences punishable under Sections 450 and 511 of 376 of Indian Penal Code, against the accused. The accused was released on bail on the petitioners herein as sureties executing bond for Rs.25,000/ - each on 18.12.2012. When the trial of the Sessions Case was scheduled, the accused absconded and the present Crl.M.C was registered by the court below and notice was issued to the sureties. Accordingly, since the petitioners were unable to secure the production of the accused, the court below imposed penalty of Rs.10,000/ - each on the two appellants herein and remitted the balance portion in respect of the bail bond amount of Rs.25,000/ - each. It is further ordered that in case the amount becomes irrecoverable, the petitioners herein shall undergo imprisonment for two months each in Civil Prison.

(2.) IT is impugning this order passed by the court below imposing penalty of Rs.10,000/ - each on the appellants that the present appeal has been instituted under Section 449 of the Code of Criminal Procedure.

(3.) WHEN the above appeal came up for consideration, this Court admitted the appeal on 27.11.2014 and ordered that all further coercive action in pursuance of the impugned order shall be kept in abeyance.