MEENAKSHI; KUNCHA GATTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Counter petitioners in M.C.No.22/2012 on the file of Additional Sessions Court, (Adhoc)-III, Kasaragod are the appellants herein.

(2.) The appellants stood as surety for the second accused in S.C.No.455/2011 on the file of the Additional Sessions Court, (Adhoc)-III, Kasaragod for releasing him on bail on executing a bond for Rs.25,000/- and he was released on bail. Thereafter, he absconded and in spite of notice served on the appellants either to produce the accused or to show cause, they did not appear. So, the learned Additional Sessions Judge registered M.C.No.22/2012 under Section 446 (1) of Code of Criminal Procedure and since the appellants did not appear and show cause to the notice issued, the learned Additional Sessions Judge has imposed the entire bond amount of Rs.25,000/- each as penalty against the appellants. Aggrieved by the same, the present appeal has been preferred by the appellants - counter petitioners before the court below.

(3.) Since State is the only respondent and also considering the nature of enquiry involved, this court felt that the appeal can be admitted and disposed of after hearing the Counsel for the appellants and the Public Prosecutor. So, the appeal is admitted and heard and disposed of today itself.