B.B.ABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The instant appeal is preferred under Section 449 of the Code of Criminal Procedure challenging the proceedings in M.C. No. 9 of 2017 in S.C. No. 1056 of 2015 on the file of the III Additional District and Sessions Judge, Kozhikode.

(2.) The appellant had stood as surety for the accused in the above case. The accused failed to appear before the learned Sessions Court and the Court below, after forfeiting his bond, initiated proceedings under Section 446 of the Code of Criminal Procedure (hereinafter referred to as, the Code, for brevity). For the failure of appellant to produce the accused or to show cause why penalty should not be imposed, the impugned order was passed ordering penalty of Rs.50,000/-.

(3.) Heard the learned counsel appearing for the appellant and the learned Public Prosecutor.