C.T. Ravikumar, J.

This appeal is filed under Section 449 of the Code of Criminal Procedure against an order passed by the Court of Additional Sessions Judge-I, Thiruvananthapuram in Crl.M.C.No.79 of 2014 in S.C.No.957 of 2009. The appellant stood as surety to the accused in the said sessions case. Owing to the absence of the accused proceedings were initiated under Section 446 Cr.P.C. against the appellant and the other surety. Though notice was issued to the appellant he did not appear before the court below. He filed an affidavit. After considering the affidavit the bail bond was forfeited. As against the other surety, after forfeiture of the bail bond, he was imposed with a penalty of 40,000/- and in default of payment of the penalty he was directed to undergo simple imprisonment in civil prison for a period of one month. Distress warrant was also issued against the appellant herein who is surety No.1 despite the fact that no penalty was imposed on him. It is in the said circumstances that the captioned appeal has been preferred.

2. I have heard the learned counsel for the appellant and also the learned Public Prosecutor.

3. There can be no doubt with respect to the positi