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2024 Supreme(Online)(Ker) 85900

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Not Specified, Not Specified
SOMAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Not Specified
For the Respondents: Not Specified

JUDGMENT

Dated this the 24th day of September, 2024

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. B

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