MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants were the sureties of the accused in S.C.No.75 of 2009, wherein the accused stood indicted for offence punishable under Section 376 of the Indian Penal Code. The accused was released on bail on he executing a bond with the appellants herein as the sureties. They undertook to procure the presence of the accused on all posting dates and in case of default, to forfeit a sum as directed by the Court subject to the maximum of Rs.25,000/ - mentioned in the bond. Thereafter, the accused remained absent and the court below initiated MC proceedings against the sureties. Non -bailable warrant was issued to the accused. They did not appear to show any cause, as to why the penalty shall not be imposed on them. Consequently, court below by the impugned order imposed a penalty of Rs.25,000/ - each payable to each of the appellant without granting any remission. This is assailed in this appeal.

(2.) Heard both sides.

(3.) It is an admitted fact that the appellants have executed a bond offering themselves as sureties and to ensure the presence of the accused in Court. It is also not in dispute that the accused remained absent, MC proceedings were initiated and also that, they did not appear before the Court in spite of service of notice. Hence, the court below was perfectly justified in imposing a penalty which the court below thought fit and proper to grant.