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2026 Supreme(Online)(Ker) 1048

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. A. BADHARUDEEN, J
JYOTHI AGED 61 YEARS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.T.K.SANDEEP, SMT.RESHMA VISWANATHAN
For the Respondents: PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, SR PP - NOUSHAD K A

Table of Content
1. challenge to penalty order imposed. (Para 1)
2. arguments regarding penalty and ability to produce accused. (Para 2 , 3)
3. legal obligations of sureties upon forfeiture. (Para 4 , 5)
4. final ruling on penalty amount and payment direction. (Para 6)

“C.R”

JUDGMENT

Dated this the 8th day of January, 2026

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

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