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2023 Supreme(Online)(KER) 16622

HIGH COURT OF KERALA
K. Babu, J
SUDHAKARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
T.R.SATHYAN, P.RAJESH KUMAR

ORDER

This appeal arises from the order dated 27.01.2021 in M.C No.1/2021 in S.C No.242/2017 passed by the Fast Track Special Court, Changanacherry.

2. The appellants herein were the sureties of the accused in S.C.No.242/2017. The appellants along with the accused executed a bond for Rs.50,000/- undertaking that the accused shall attend the Court and forfeit the bond amount on the failure of the appearance of the accused. When the accused failed to comply with the conditions stipulated in the bail bond, the bond stood forfeited. Subsequently, the Court below registered the above referred M.C against the appellants. Notices were served on the appellants to show cause why penalty should not be imposed. When the appellants failed to show sufficient cause, the Court directed them to pay penalty of Rs.50,000/- each.

3. Aggrieved by the said order, the appellants are before this Court in appeal.

4. Heard both sides.

5. The learned counsel for the appellants submitted that the Court below did not grant sufficient time to produce the accused before the Court.

6. The fact that the accused failed to appear before the Court, when required, is admitted. Notice to show cause under Section 446 Cr.P.

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