JUDGMENT

Dated, this the 22^nd day of January, 2026 The sureties in S.C.No. 310/2025 in the files of the Additional Sessions Court – I, Pathanamthitta has filed this appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

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], 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 appellants pleaded mercy in the matter of penalty, under the submission that the appellants are doing coolie works. The learned Public Prosecutor conceded for reasonable deduction in the penalty pointing out the fact that the actual