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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Badharudeen, J
Anoop O.P – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. appellate courts review bail bond forfeiture penalties imposed by trial courts. (Para 1 , 2 , 3) |
| 2. court exercises discretion to reduce penalty amounts for sureties upon bond forfeiture. (Para 4 , 5 , 6) |
JUDGMENT
Dated this the 26th day of May, 2026 The sureties for the accused in S.C.No.698/2023 on the files of the Fast Track Special Court, Nadapuram, have 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 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 considered. Thus, the learned counsel for the
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