ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the sureties of an accused who faces indictment for the offences punishable, inter alia, under Sec.307 read with Sec.149 of the IPC. The accused person is not available for appearance before the court below and, in these circumstances, the learned Magistrate had initiated proceedings under Sec.446 of the Cr.P.C. against the petitioners. The bond was for an amount of Rs.15,000/-. The entire bond amount has been directed to be paid as penalty. The petitioners have preferred an appeal before the learned Sessions Judge. The learned Sessions Judge admitted the appeal and directed suspension of the impugned order under Sec.446 of the Cr.P.C. on condition that the petitioners deposit 50% of the penalty amount before the lower court by 19/2/2007.

(2.) The petitioners have come to this Court complaining that the condition imposed is too onerous. The petitioners are poor and indigent. They are unable to raise the amount. Virtually, the direction would deprive the petitioners of their right of appeal under Sec.449 of the Cr.P.C. In these circumstances, a lenient view may be taken and the direction for deposit may be set aside, it is prayed.

(3.) Admittedly, the accused has not been produced so far and in these circumstances, I am of opinion that the learned Sessions Judge did not commit any error in imposing a condition for suspension of execution of the order. However, accepting the submissions of the learned counsel for the petitioners, I am satisfied that the petitioners can be granted further time to make the payment of the amount as directed in the impugned order. In case, the petitioners are unable to pay the amount, they can certainly request the learned Sessions Judge for an expeditious out of turn disposal of the appeal filed by them under Sec.449 of the Cr.P.C.