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2026 Supreme(Online)(Ker) 25967

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
SHAJIMON K.K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: REJI R.
For the Respondents: VIPIN NARAYAN.A

Table of Content
1. forfeiture liability persists; quantum reducible. (Para 2 , 4 , 5)
2. sureties appeal bail bond forfeiture penalty. (Para 3)
3. penalty halved with payment deadline. (Para 6)

JUDGMENT

Dated this the 08thday of April, 2026 Sureties of accused in S.C.No.827/2020 on the files of the Additional Sessions Court, Muvattupuzha, to whom against M.C.No.04/2025 has been registered by the learned Additional Sessions Judge, Muvattupuzha, have filed this appeal under Section 495 of theBharatiya 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 and the trial court imposed penalty on the sureties which reads as under:

“In the result, the MC is allowed and penalty of Rs.50,000/- each is imposed on the counter petitioners 1 and 2 u/s.491 BNSS /446 Cr.P.C. Remission of the balance is allowed.”

4. A

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