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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
MUHAMMED C.H. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. introduction of the appeal context and parties involved. (Para 1) |
| 2. background and procedural details of the surety and forfeiture. (Para 2 , 3) |
| 3. discussion on the reduction of penalty and considerations for mercy. (Para 4) |
| 4. final ruling and orders related to penalty payment. (Para 5) |
JUDGMENT
Dated, this the 30th day of March, 2026 The sureties in S.C.No. 22/2020 on the files of the Additional Sessions Court – II, Kasaragod has filed this appeal under Section 449 of the Code of Criminal Procedure , 1973.
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 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], which is cited in the order impugned, on forfeiture of the bond, subsequent arrest of the accused would not save the surety from paying the forfeited amount of penalty, though leniency in the quantum of
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