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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
ANAS.J – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. sureties are bound by bail conditions and penalties. (Para 1 , 2 , 3) |
| 2. reduction of penalties based on the appellants' financial circumstances. (Para 4) |
| 3. the court accepted the appeal for penalty reduction. (Para 5) |
JUDGMENT
Dated this the 10th day of March, 2026 The sureties for the accused in S.C.No.527/2023 on 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 on bail 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] , on forfeiture of the bond, the accused would be produced by the sureties or the accused was later arrested would not save the sureties from paying the forfeited amount of penalty, though leniency in the quantum of penalty can be consider
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