SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 3553

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Badharudeen, J
Subaida – Appellant
Versus
State of Kerala – Respondent
CRL.A NO. 2314 OF 2025 | M.C.No.82/2025 | S.C.No.684/2022



Advocates:
For the Appellants/Petitioners: Shri.P.A.Mujeeb
For the Respondents: Sri. Noushad K.A.

The court reinforces the principle of penalizing sureties for the non-appearance of accused when bond conditions are violated.

Headnote:This appeal, under Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenges the order dated 30.04.2025 in M.C.No.82/2025 in S.C.No.684/2022, imposing a ₹25,000/- penalty on the appellant, who was the first surety for the accused. The appellant executed bonds undertaking the appearance of the accused, who subsequently absconded, leading to the penalty by the trial court after affording hearing. The court observed that the conditions of the bond were violated and the penalty imposed was reasonable. The primary issues framed concern the legality of the penalty; the court reasoned that the appellant could not show sufficient cause for the non-appearance. The appeal is dismissed.

Table of Content
1. appellant cannot show sufficient cause for accused non-appearance. (Para 1 , 2)
2. penalty imposed on surety maintained as reasonable. (Para 3)

JUDGMENT

Dated, this the 23rd day of January, 2026 This appeal has been filed under Section 495 of the Bharatiya Nagarik Suraksha Sanhita , 2023, challenging the order dated 30.04.2025 in M.C.No.82/2025 in S.C.No.684/2022 passed by the learned Special Judge, Muvattupuzha, imposing a penalty of ₹25,000/- on the appellant, who stood as the first surety for the accused in S.C.No. 684/2022.

2. In this matter, the appellant, along with another person, executed bonds for a sum of ₹1,00,000/- each, undertaking to ensure the appearance of the accused before the court.

Subsequently, the accused absconded and proceedings under Section 446 (1) Cr.P.C. were initiated. During the pendency of the proceedings, the second surety expired and, therefore, the proceedings continued only against the appellant. After affording an opportunity of hearing to the appellant, the trial court imposed a penalty of ₹25,000/- for forfeiture of the bail bond.

3. On a consideration of the materials available, it is evident that the accused violated the conditions of the bond since the accused absconded and the appellant failed to show sufficient cause for such non- appearance. Though the bond amount executed by the appellant was ₹1,00,000/-, the trial court imposed only a penalty of ₹25,000/- on the appellant, which is very reasonable and does not call for any interference. Hence, this Court finds no merit in the appeal. In the result, this appeal is dismissed.

Registry is directed to forward a copy of this judgment to the Special Court, Muvattupuzha, forthwith for information and further steps.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top