IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Jyothi – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
1. The order dated 23.09.2025 in M.C. No.4/2025 in S.C.No.426/2021 on the files of the Additional Sessions Court-IV, Palakkad, imposing penalty to the tune of Rs.50,000/- each against the appellants herein, who are the sureties for the accused in the said case is under challenge in this appeal.
2. Heard the learned counsel for the appellants and the learned Public Prosecutor, in detail. Perused the verdict under challenge.
3. The learned counsel for the appellants would submit that, though in terms of the bail bond, the amount forfeited was Rs.1 Lakh each, the Special Court ordered penalty to the tune of Rs.50,000/- each against the appellants/sureties and the same is on the higher side as far as the appellants are concerned. It is also submitted that, the appellants could produce the accused before the Court, if sufficient time would be granted by setting aside the impugned order. Otherwise, the learned counsel for the appellants submitted that, some leniency may be shown in the matter of fine in the interest of justice and the appellants are ready to deposit Rs.25,000/- each.
4. In the instant case, bail bond was forfeited because of non appearance and ab
Sureties remain liable for penalties upon bail bond forfeiture due to the accused's non-appearance, irrespective of subsequent production of the accused.
Sureties are bound to pay penalty upon bail bond forfeiture; subsequent production of the accused does not negate this obligation.
Sureties are liable for forfeiture of bail bonds; penalty can be reduced at the court's discretion.
The court has discretion to reduce penalty amounts imposed on sureties for bail bonds under specific circumstances.
The court upheld the forfeiture of bail bonds but reduced the penalty amount due to the appellants' financial circumstances.
The court has the authority to reduce penalties for sureties under specified conditions despite bond forfeiture due to the accused's non-appearance.
Appeal successful; penalty for surety reduced from Rs. 75,000/- to Rs. 25,000/- for non-appearance of accused.
Court can exercise discretion to reduce penalty upon forfeiture of bail bonds considering appellants' financial circumstances.
The court can exercise discretion to reduce penalty amounts in bond forfeiture cases based on the parties' circumstances.
Sureties' liability on forfeiture can be mitigated by the court under certain conditions.
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