JUDGMENT :

The appellants were the sureties of the 5th accused in the case S.C.No.411/2017 on the file of the Additional Sessions Court, Manathavady. The 5th accused in the case failed to appear before the court and then notice was issued to the appellants to show cause why they shall not be ordered to pay penalty. The appellants appeared before the court below on receiving the notice. They did not show any cause against imposing penalty. They also did not produce the 5th accused before the court. As per the impugned order dated 27.06.2018, the court below directed the appellants to pay penalty of Rs.25,000/-each. It was also ordered that in default of payment of the amount, they shall undergo simple imprisonment for a period of one month each in civil prison. The aforesaid order is challenged in this appeal.

2. Heard the learned counsel for the appellants and the learned Public Prosecutor.

3. The offences alleged against the 5th accused in the case were under Sections 143, 147, 148, 342, 452, 353 and 307 r/w with 149 IPC and also under Section 120B IPC. There is no dispute with regard to the fact that the 5th accused made default in appearance before the court below.

4. The appellants