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Judgment
The appellants herein are the sureties of one of the accused in S.C No.104/2007 of the Court of Session, Kasaragod. The said case came up before the learned Additional Sessions Judge (Adhoc) III, Kasaragod for trial and disposal. When the accused failed to appear in court, the learned trial Judge initiated proceedings against the sureties under Section 446 Cr.P.C in M.C 158/2009. On forfeiture of bond, the sureties were given notice to produce the accused in court, or to show cause against imposition of the bond amount as penalty. The bond amount is 20,000/- each. The sureties did not respond to the show cause notice, and they remained absent. In such a circumstance, the learned trial Judge passed orders on 20.11.2009 in M.C 158/2009 imposing the entire amount of bond as penalty. Aggrieved by the said order, the sureties
have come up in appeal under Section 449 Cr.P.C.
On hearing both sides, and on a perusal of the materials including the impugned order, I find that no scope for interference on the ground of any irregularity or illegality in the order of the court below or in the procedure adopted by the court below. Due show cause notice against imposition of the bond amount as penalty was given to the sureties after recording forfeiture of the bond. The learned trial Judge imposed the bond amount as penalty when the sureties failed to appear in court, or when they failed to show case against imposition of penalty. Thus, the impugned order is legally right. However, in the particular facts and circumstances, I feel it appropriate to give some concession to the appellants by reducing the amount of penalty. Probably due to rustic innocence, the sureties thought not to appear in court on getting the show cause notice. It would be inappropriate to impose the entire bond
amount as penalty in their case.
In the result, this appeal is disposed of, confirming the legality of the order passed by the court below, however, with a modification that the amount of penalty payable by the appellants shall be 5000/- each and the balance amount of bond will stand remitted under the law. If the appellants have already remitted 5000/- each in the court below as ordered by this Court as a condition for suspension of the enforcement of the impugned order, the said amount can be adjusted towards the amount of penalty.