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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SALIM, S/O ABDUL RAHMAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. sureties are liable only for principal's bond conditions, not violations. (Para 1 , 2 , 3) |
| 2. court's reliance on statutory provisions governing surety liabilities. (Para 6 , 7) |
| 3. inherent powers exercised to quash unjust orders against sureties. (Para 8) |
ORDER
The petitioners stood as sureties for their son, the counter-petitioner in M.C No. 208/2024 on the file of the Sub-Divisional Magistrate, Irinjalakuda, in a proceeding initiated under Section 107 of the Code of Criminal Procedure .
2. The petitioners have stated in the Criminal Miscellaneous Case that, pursuant to Annexure 1 preliminary order passed by the above Court, the petitioners stood as sureties for their son. As the counter-petitioner got involved in another crime, he was remanded to judicial custody. Immediately, the Station Head Officer, Kattoor Police Station filed a report before the above Court reporting that the counter petitioner had violated Annexure A1 preliminary order.
Consequently, the above Court initiated proceedings under Section 141 (1) (b) of the BNSS , and issued Annexure 3 and Annexure 4 notices to the petitioners ordering them to deposit a penalty of Rs.25,000/- and to show caus
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