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2026 Supreme(Online)(Ker) 3734

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
SHAHIDA AGED 48 YEARS W/O BASHEER, UMIYAM KUNNATH HOUSE, VILYAPALLY P.O, MEMUNDA, VADAKARA, KOZHIKODE, PIN - 673542 – Appellant
Versus
THE STATION HOUSE OFFICER KOYILANDI POLICE STATION, KOZHIKODE, PIN - 673305 – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SUNNY MATHEW, SMT.BHAVANA K.K
For the Respondents: SR PP ADV.NOUSHAD.A

JUDGMENT

Dated this the 19th day of January, 2026 Sureties to the accused in the S.C. No.759/2022 on the files of the Additional Sessions Court, Kozhikode, are filed this appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. Heard the learned counsel appearing for the appellants and the learned Public Prosecutor for the respondents.

3. In this case, the appellants herein stood as sureties for the accused in this case after executing a bond of Rs.1,00,000/- each.

Thereafter, the accused absconded and bail bond forfeited.

4. It is submitted by the learned counsel for the appellants that the appellants are ladies and have difficulty to pay the entire amount forfeited. Therefore, leniency may be shown in the matter of penalty by reducing the same.

5. The learned Public Prosecutor, though oppose interference in the order imposing penalty and conceded that reasonable reduction in the amount of penalty may be considered.

6. Here, on forfeiture of bond, the Sessions Court directed penalty to the tune of Rs.1,00,000/- each by the appellants that is the bond amount as such.

7. Although it is settled law that on forfeiture of the bond, the sureties are bound to pay the pena

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