IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Crl.MC.No. 83 of 2008() ----------------------- SC.64/1996 of ADDL. ASSISTANT SESSIONS COURT, IRINJALAKUDA .................... PETITIONER: ------------ 1. RAJAN, AGED 67 YEARS, S/O CHINNAN, PUNNAKKATHARAYIL HOUSE, KUZHUVILANGU, P.O.MATHILAKAM. 2. BALAN, AGED 61 YEARS, S/O KUMARAN, THOTTARATH HOUSE, KUZHUVILANGU, P.O.MATHILAKAM. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: STATE -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA. 3. SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION. BY ADV. SRI. C.M. NAZAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 83 of 2008 ========================== Dated this the 8th day of January, 2008. ORDER The petitioners, who are retired government servants, were the sureties for the 2nd accused (Jesbin) in S.C. No. 64/96 on the file of the Additional Assistant Sessions Court, Irinjalakuda. Consequent on the non- appearance of the accused before the court, the said court initiated proceedings against the petitioners under Section 446 Cr.P.C. Annexure I is the notice in Form 50 of the old Cr.P.C corresponding to Form 48 of the second Schedule of the present Code. The apprehension of the petitioners is that the Assistant Sessions Court is proposing to send the petitioners to jail in case they fail to produce the accused Jesbin before the court. Hence this M.C. Failure to show cause in response to the notice in Form 48 of the second Schedule to the present Cr.P.C cannot straightaway entail imprisonment of the sureties. It can only result in the court imposing penalty which can go up to the bond amount. When the penalty becomes irrecoverable then only the surety can be imprisoned in a civil prison and not otherwise. Making the above position clear, this M.C. is disposed of. V. RAMKUMAR, JUDGE. rv