P. GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed by the counter petitioners in MC No.22/2022 in SC No.109/2020 on the file of the Court of the Additional Sessions Judge-III, Kasaragod. The counter petitioners were the sureties of the 10th accused in the aforesaid case. During the trial of the case, the 10th accused absconded. Hence, the bail bond executed by the counter petitioners/sureties was forfeited. Though notice was issued to the counter petitioners and it was served on them, they never turned up before the court and hence the trial court imposed a penalty of ?25,000/- each on the counter petitioners. Hence the appeal.

(2.) It is submitted by the learned counsel for the counter petitioners/appellants that a lenient view may be taken taking into account the age of the counter petitioners. The learned Public Prosecutor objects to the request.

(3.) Heard both sides.