P.P. Abdul Khader vs State Of Kerala

Dr Kauser Edappagath, J

This appeal has been preferred under Section 449 of the Cr.P.C against the order passed by the Sessions Court, Thalassery (for short 'the court below') in M.C No.680/2022 in S.C.No.544/2019 dated 10.10.2022.

The appellants stood as sureties of the accused in S.C.No.544/2019 pending at the court below by executing a bond for ₹25,000/- each. Thereafter, the accused failed to appear at the court below. The court below cancelled the bail bond and issued show cause notice to the appellants. But, they did not appear. Hence, the court below imposed a penalty of ₹25,000/-each as per the impugned order. The said order is under challenge in this appeal.

I have heard Sri. Cibi Thomas, the learned counsel for the appellants and Sri. P.G. Manu, the learned Senior Public Prosecutor.

It is not in dispute that the appellants stood as sureties for the accused in S.C. No.544/2019 by executing a bond for ₹25,000/- each. It is also not in dispute that the accused failed to appear at the court below and non bailable warrant was issued. The mere failure on the part of the accused to appear at the court below would result in automatic forfeiture of bail bond. Thus, the court below is absolutely justified in treating the bail bond executed by the appellants as forfeited.

The court below imposed the entire bond amount as penalty. The learned counsel for the appellants submitted that the appellants are poor persons. They have no steady income to pay the penalty. Considering the fact that the appellants are poor, I am of the view that the penalty imposed can be reduced to ₹10,000/- each.

In the result, the appeal is allowed in part. The penalty imposed vide impugned order is reduced to ₹10,000/- (Rupees ten thousand only) each, which shall be paid by the appellants within one month from today, failing which legal consequences shall follow.