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Judgment
P.Somarajan, J
Heard the appellants. The appeal is filed by the sureties, the counter petitioners, against the order dated 28.12.2020 in M.C.No. 04/2020 in
S.C.No.31/2017 of the Additional Sessions Court-III, Kasaragod.
Both the sureties failed to produce the accused inspite of issuance of non-bailable warrant against them. It is stated in the order that both the
sureties were not appeared or explained any reason for non-production of the accused. It is not specified or stated anywhere in the order whether the
bail bond was forfeited. On the other hand, simply directions were issued to pay penalty of Rs.50,000/- each by the counter petitioners, the sureties
Nos.1 and 2. The order is also silent about the application of Section 446 (3) Cr.p.C. It is also not seen from the impugned order whether any
opportunity was given to the sureties so as to enable them to apply under Section 446(3) Cr.P.C.. All these would make the order unsustainable in the
eye of law.
As such, the order is hereby set aside by allowing the appeal. The matter is remanded back to the trial court for proper disposal in accordance with
the law. Both the appellants shall appear before the trial court on 05.08.2021.
The Crl.Appeal is allowed accordingly.