JUDGMENT

The first surety in S.C.No. 1201/2023 in the files of the Fast Track Special Court, Palakkad has filed this appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

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

3. Precisely stating, the appellant herein stood as surety No. 1 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 appellant along with the accused and the other surety has been forfeited.

4. As held in Thundichi v. State of Kerala [2009(4) KLT 67] which is cited in the order impugned, on forfeiture of the bond, subsequent arrest of the accused 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 appellant pleaded mercy in the matter of penalty, under the submission that the appellant is a lady doing coolie works. The learned Public Prosecutor conceded for reasonable deduction in the penalty pointing out the fact that the actual forfeited amount as R