Aley & Anr. vs State Of Kerala

A. Badharudeen, J.

The sureties in M.C. No.76/2025 in L.P. No.73/2025 on the files of the Additional Sessions Court-II, Palakkad, has filed this appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Heard the learned counsel for the appellants and the learned Public Prosecutor in detail and perused the order impugned.

Precisely stating, the appellants herein stood as sureties for releasing the accused in the above 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.

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.

The learned Public Prosecutor opposed the prayer for deduction in the penalty pointing out the fact that the forfeited amount is only Rs.1,00,000/- each.

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 trial court at Rs.1,00,000/- each is reduced to Rs.35,000/-. There will be a direction to the appellants to pay Rs.35,000/- before the Additional Sessions Court-II, Palakkad on or before 09.10.2026. 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. Then the trial court shall proceed with coercive steps to recover the entire sum of Rs.1,00,000/- from the appellants.

This appeal stands allowed as indicated above. Registry is directed to forward a copy of this judgment to the trial court, within seven days for information and compliance, without fail.