JUDGMENT

The sureties in S.C.No. 357/2023 in the files of the Additional Sessions Judge -II, North Paravur has filed this appeal under Section 449 of the Code of Criminal Procedure .

2. Heard the learned counsel for the appellants and the learned Public Prosecutor in detail and perused the order impugned.

3. Precisely stating, the appellants herein stood as sureties for releasing the accused in this case before trial court and thereafter, due to non-appearance of the accused before the trial court, the bail bond executed by the appellants along with the accused has been forfeited.

4. As held in Thundichi v. State of Kerala [2009(4) KLT 67], on forfeiture of the bond, the accused would be produced by the sureties or the accused was later arrested would not save the surety from paying the forfeited amount of penalty, though leniency in the quantum of penalty can be considered. Thus the learned counsel for the appellants pleaded mercy in the matter of penalty, under the submission that the 1^st appellant is selling lottery tickets and the 2^nd appellant is doing coolie works. The learned Public Prosecutor conceded for reasonable deduction in the penalty pointing out the fact that the ac