MARIMUTHU AND ANOTHER Vs. STATE

JUDGEMENT

(1.) ONE Arulsundaram who is said to have committed certain offences under the Sea Customs Act was released on conditional bail by the High Court of Madras in Crl. M.P. No. 374 of 1977. The condition was that he should execute a bond for Rs. 10,000/ - with two sureties for a like sum each; to the satisfaction of the Sub Divisional Judicial Magistrate, Nagapattinam, with certain other conditions with which we are not concerned now. The revision petitioners stood as sureties and each executed a bond for Rs.10,000/ -, At Arulsuadaram was absconding, the sub Divisional Judicial Magistrate, Nagapattanam for whose satisfaction, the bonds were executed, proceeded under S. 466, Crl. P.C. and forfeited the bonds and imposed on each of them a penalty of Rs. 10,000/ -.

(2.) THE revision petitioners appealed against the order of the learned Sub Divisional Judicial Magistrate, Nagapattinam, before the sessions Judge, Nagapattinam, who confirmed that order of the Magistrate. The revision petitioners are aggrieved and have' filed this revision.

(3.) THE learned counsel appealed to this Court to exercise its discretion sympathetic call to reduce the liability under the surety bond. The justification for this plea is that the revision petitioners are not very rich persons but possess properties valued at Rs. 12,000/ - only and to impose a penalty of Rs. 10,000/ - would practically rule them.