Upon forfeiture of a bail bond under Section 449 of the Code of Criminal Procedure, the court has the judicial discretion to reduce the quantum of the penalty imposed on sureties, even though their primary liability for the forfeited amount remains intact.

JUDGMENT

Dated this the 26^th 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 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.1,00,000/- 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.1,00,000/- each is reduced to Rs.35,000/- each. There will be a direction to the appellants to pay the amount before the learned Fast Track Special Judge, Nadapuram on or before 08.06.2026. 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 Special Court shall proceed to realise the entire amount of penalty.

This appeal stands allowed as indicated above.