IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 4051 of 2008(G) MC.59/2007 in C.C.NO. 198/2005 of C.J.M.PALAKKAD .................... PETITIONER: 1. SREEDHARAN, S/O. PONNAN, KALLINGAL HOUSE, PARUTHIPPULLI, PERUNGOTUKURUSSI-I VILLAGE, ALATHUR. 2. SREEDHARAN, S/O. KUNJAPPU, THAZHATHUVEETTIL, EDATHODI, PATUTHIPPULLY, PERINGOTUKURUSSI-I VILLAGE, ALATHUR. BY ADV. SMT.K.G.SAROJINI SMT.N.C.SALINI RESPONDENTS : 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. V. VIJAYAKUMAR, S/O. APPU NAIR, RESIDING AT 32/671 A, SAYEE NAGAR, 2ND MAIN ROAD, VIRUGAMPAKKAM, CHENNAI – 600 092, TAMILNADU. BY ADV. SRI. M.S.BREEZE, PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 4051 of 2008 ========================== Dated this the 1st day of February, 2008. JUDGMENT In this writ petition filed under Article 227 of the Constitution of India, the petitioners who stood as sureties for the accused in C.C No. 198 of 2005 on the file of the Chief Judicial Magistrate, Palakkad, were, consequent on their non-appearance before the court, proceeded against under Section 446 Cr.P.C. As per Ext.P6 final order dated 31.10.2007, the learned Magistrate imposed the entire bond of Rs.10,000/- as penalty on each of the petitioners. If they are aggrieved by the said order, their remedy is to file an appeal under Section 449 Cr.P.C. 2. The learned counsel for the petitioners would submit that all that the petitioners need is some more time to pay the penalty. That is a matter which the petitioners will have to crave before the Chief Judicial Magistrate, Palakkad. Hence this writ petition is dismissed without prejudice to the right, if any, of the petitioners to move the Chief Judicial Magistrate, Palakkad for further time to pay the penalty amount. V. RAMKUMAR, JUDGE. rv