NISSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the counter petitioners in M.C. No.5 of 2022 in S.C. No.798 of 2018 before the Assistant Sessions Judge, Karunagappally. As per the order dtd. 22/11/2023, the learned Assistant Sessions Judge imposed a penalty of Rs.20,000.00 each on the appellants under Sec. 446(2) of the Code of Criminal Procedure, 1973. Aggrieved thereby this appeal has been filed.

(2.) Heard the learned counsel for the appellants and the learned Public Prosecutor.

(3.) The learned counsel for the appellants would submit that the case against accused No.4 in S.C. No.798 of 2018, for whom the appellants stood as sureties, was quashed by this Court as per Annexure-1 order, and therefore the trial court ought not to have imposed any penalty. Having gone through the records, it is seen that the accused No.4 failed to appear before the trial court on many occasions, which resulted in transferring the case against him to the register of long pending cases. It was in the said circumstances, M.C. No.5 of 2022 was initiated. Even after the initiation of the proceedings under Sec. 446 of the Code, appellants could not produce the accused before the court. Holding that no reasonable explanation was offered by the appellants, the trial court imposed bond amount of Rs.20,000.00as penalty.