THEVAN SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners stood as sureties for the 4th respondent, who was the counter petitioner in M.C.No.72/2023 on the file of the Court of the Sub Divisional Magistrate, Thiruvalla ('Court', in short), which was initiated against the 4th respondent under Sec. 126 read with Sec. 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023('BNSS', in short).

(2.) Pursuant to an order passed under Sec. 129 read with Sec. 130 of the BNSS by the above Court, the 4th respondent and the petitioners executed bonds to the satisfaction of the above court, undertaking that the 4th respondent would keep peace for a period of three years from 19/4/2024. Alleging that the 4th respondent had violated the bond condition, by not keeping peace during the above time period, the above court forfeited the bond of the 4th respondent and issued notice to the petitioners. Subsequently, by Annexure A2 order, the petitioners were ordered to pay Rs.25,000.00 each within one month. Alleging that the petitioners have failed to comply with Annexure A2 order, the above court has issued warrants of arrest against the petitioners. The warrants of arrest are ex facie illegal and unsustainable in law. Hence, the Crl.M.C.

(3.) I have heard the learned counsel for the petitioners and the learned Public Prosecutor.