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2026 Supreme(Online)(Ker) 21089
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHAJI AGED 40 YEARS S/O PAPPAN, NALLOORPADAVIL HOUSE, MARICKAL KARA, ANIKADU VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689648 – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 2463 OF 2026
For the Appellants/Petitioners: SMT.REJI R., SHRI.MOBIN MATHEW
For the Respondents: SR PP SMT SEETHA S.
The court emphasized the importance of exhausting available statutory remedies over the exercise of inherent powers in bond forfeiture matters under BNSS.
Headnote:This judgment analyzes the applicability of Section 491 and Section 495 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) concerning an order of bond forfeiture from the Sessions Court. The petitioners contested an order forfeiting bonds executed as sureties for the accused, highlighting the existence of an alternative statutory remedy under Section 495. The Court found it improper to exercise inherent powers due to this option. The main issue presented was regarding the appropriateness of exercising jurisdiction where an appeal is permitted. The Court upheld procedural integrity, emphasizing adherence to statutory pathways for remedy. In conclusion, the Court dismissed the Crl.M.C, allowing petitioners the right to pursue remedies per law.
ORDER
The criminal miscellaneous case is filed assailing Annexure A1 order passed by the Court of Sessions, Thodupuzha, in M.C.No.7/2025 in S.C.No.62/2019 forfeiting the bond executed by the petitioners, who were the sureties for the accused in S.C.No.62/2019. Indisputably, Annexure A1 order has been passed under Section 491 of the Bharatiya Nagarik Suraksha Sanhita , (‘ BNSS ’, in short). An order passed under of the is appealable under Section 495 of the .
In light of the alternative statutory remedy available to the petitioners, I am not inclined to exercise the inherent powers of this Court under Section 528 of the BNSS .
In the result, the Crl.M.C is dismissed, but by reserving the right of the petitioners to workout the remedies in accordance with law.
