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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SUBAIDA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. context of the penalty for failing to produce a surety. (Para 1 , 2) |
| 2. arguments presented regarding the penalty. (Para 3) |
| 3. court observations on justifying a reduced penalty. (Para 4 , 5) |
| 4. final decision to modify the penalty's quantum. (Para 6) |
JUDGMENT
The appellant challenges the order dated 21.04.2025 in M.C.No.36 of 2024 on the files of the Additional Sessions Court-II, Manjeri whereby she was imposed with a penalty of Rs.1,00,000/- for her failure to produce the 3rd accused in S.C.No.455 of 2020 to whom she had stood as one of the sureties.
2. S.C.No.455 of 2020 on the files of the Additional Sessions Court-II, Manjeri is a proceeding for the offence of murder. The appellant stood as the first surety for the 3rd accused in the said crime and executed a bond for Rs.1,00,000/-. In violation of the conditions of bond, the appellant was unable to produce the surety after he absconded. Bailable as well as non-bailable warrants were issued against the accused and thereafter proceedings were initiated against the sureties. Though the appellant sought time to produce the accused, she was unable to do so while the second surety expired in the meantime. After notic
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