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2025 Supreme(Online)(Ker) 53372

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SAJEEVAN M.D – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.ANUPAMA SUBRAMANIAN
For the Respondents: SREEJA V., PUBLIC PROSECUTOR

BECHU KURIAN THOMAS, J.

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Crl.A. No.1646 of 2025 ----------------------------------------

Dated this the 27th day of November, 2025

JUDGMENT

This is an appeal preferred by the second surety to the accused in S.C. No.671 of 2022 on the files of the Additional Sessions Court-I, North Paravoor.

2. By the impugned order dated 12.12.2024 in M.C. No.46 of 2024, the surety has been imposed with a penalty of Rs.1,00,000/-, which is equivalent to the bond amount.

3. I have heard the learned counsel for the appellant as well as the learned Public Prosecutor.

4. The appellant was the second surety to the accused in a Sessions Case. After the accused absconded, the sureties were called upon to produce him. However, they failed to do so. Therefore, proceedings were initiated against the sureties. The appellant, being the second surety, was unable to produce the accused, and therefore, a penalty of Rs.1,00,000/- has been imposed upon him, apart from a default sentence.

5. It is conceded that till date, the accused has not turned up before the court. Therefore, I am of the view that the imposition of the penalty in the impugned order is justified. However, considerin

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