IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 3^RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 CRL.A NO. 944 OF 2020 AGAINST THE ORDER/JUDGMENT IN M.C.NO.21/2019 in SC 54/2019 OF ADDITIONAL SESSIONS COURT - II, NORTH PARAVUR, ERNAKULAM APPELLANT/S:

1 RATNAPPAN T. K.,AGED 58 YEARS S/O. NARISIKUTTY, THEKKEKAD HOUSE, WEST MANAKODAM, THURAVOOR, ALAPPUZHA DISTRICT - 688532.

2 ANIRUDHAN C. V., AGED 59 YEARS, PUTHIYANIVARTHIL HOUSE, WEST MANAKODAM, THURAVOOR, ALAPPUZHA DISTRICT - 688532.

BY ADVS.

LIBIN STANLEY SMT.SAIPOOJA RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

SR.G.P.SMT.S.SEETHA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The order under Section 446 Cr.P.C. against the sureties is under challenge, mainly on the reason that no sufficient opportunity was given to the sureties to apply under Section 446(3) Cr.P.C.. But going by the order it is clear that, inspite of notice, none of the sureties appeared in answer to the show cause notice. They have not applied under Section 446(3) Cr.P.C