Sureties liable for bail bond forfeiture penalty despite accused production; quantum reducible in interest of justice.

JUDGMENT

Dated this the 08^th day of April, 2026

1^st and 2^nd sureties of accused No.1 and 2^nd surety of accused No.8 in S.C.No.557/2013 on the files of the Additional Sessions Court – I, Thrissur, to whom against M.C.No.2178/2025 has been registered by the learned Additional Sessions Judge, Thrissur, have 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 appellant Nos.1 and 2 herein stood as sureties Nos.1 and 2 for accused No.1 and the 3^rd appellant stood as 2^nd surety for accused No.8 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 herein along with the accused has been forfeited and the trial court imposed penalty on the sureties which reads as under:

“6. In the result, the counter petitioners 1 and 2 are directed to pay a penalty of Rs.25,000/- (Rupees Twenty Five Thousand Only) each towards the absence of accused No.1 and no amounts are remitted from that in the absence of grounds to do so. The counter petitioner No.4 is ordered to pay Rs.30,000/-, after forfeiting of Rs.20,000/- for the grounds stated, from the amount of Rs.50,000/-, which is forfeited amount.”

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 considered. Thus, the learned counsel for the appellants pleaded mercy in the matter of penalty.

5. The learned Public Prosecutor conceded for reasonable deduction in the penalty pointing out the fact that the actual forfeited amount was Rs.50,000/- each.

6. Since reduction of the penalty amount alone is the matter to be considered by this Court, in the interest of justice, the penalty imposed by the court at Rs.25,000/- each on appellant Nos.1 and 2/sureties 1 and 2 for accused No.1 and Rs.30,000/- on the 3^rd appellant/surety No.2 for accused No.8, is reduced to Rs.15,000/- each. There will be a direction to the appellants to pay the amount before the learned Additional Sessions Judge, Thrissur on or before 18.05.2026. It is specifically made clear that if the penalty will not be remitted within the said period, the appellants are bound to pay the entire amount, covered by the order impugned and the Sessions Court shall proceed to realise the entire amount of penalty.