SOMAN S/O GOPALAN vs STATE OF KERALA - 2024 Supreme(Ker) 1057

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1057

SOPHY THOMAS
SOMAN S/O GOPALAN – Appellant
Versus
STATE OF KERALA – Respondent

Advocates:
Advocate Appeared:
For the Appellant : A.C. DEVY.
For the Respondent: M.C. ASHI.

JUDGMENT :

SOPHY THOMAS, J.

1. This appeal is filed by the sureties of the accused in S.C. No. 122 of 2003 on the file of Additional Sessions Judge Fast Track Court-II, Alappuzha, challenging Annexure-A order dated 12.01.2005 by which they were ordered to pay penalty of Rs.20,000/- each.

2. The accused in S.C. No. 122 of 2003 absconded, and notice was ordered to the appellants who were his sureties. In spite of service of notice, they neither appeared nor showed any reason for not forfeiting the bond amount. Finding that the appellants violated the conditions in the bail bond, the trial court ordered them to pay penalty of Rs.20,000/- each, against which they have preferred this appeal.

3. Heard learned counsel for the appellants and learned counsel for the respondent-State.

4. Learned counsel for the appellants would submit that, the accused for whom they stood as sureties was subsequently arrested, and produced before court, and after trial, he was acquitted also. When the accused was arrested, and produced before the trial court, his case number was changed and so the appellants could not follow up the proceedings so as to make their appearance before court. But, they are not disputi