J U D G M E N T

This appeal has been filed challenging the order dated 20-01-2016 in M.C.

No.7/2006 in S.C No.545/2001 on the file of the Additional Sessions Judge for trial of Abkari Act cases, Neyyattinkara. The appellants, sureties for the accused in S.C No.545/2001, were proceeded with under Section 446 of the Code of Criminal Procedure on the failure of the accused to appear before the court. A show-cause notice was issued to the appellants under the said provision. The order records that according to the show cause, notice the appellants appeared and were granted time to secure production of the accused before the court. However, on their failure to do so the court proceeded to forfeit the bond for Rs.25,000/- each executed by the appellants and a penalty of the same amount was imposed on them. It was also directed that in the event of non-payment or in the event of the amount not being recovered under Section 421 Crl.P.C. the appellants shall undergo imprisonment in civil prison for 3 months.

2. I have heard Sri. R.T. Pradeep, learned counsel for the appellants and learned Public Prosecutor appearing for the State. The learned counsel for the appellants would submit that the