The petitioner herein is one of the sureties of the accused in ST No.615 of 2007 of the Judicial First Class Magistrate Court-II, Pala. On conviction therein, the accused filed appeal before the Court of Session, Kottayam as Crl.A No.335 of 2011. For suspension of sentence, the petitioner executed bond for ₹ 20,000/. At some subsequent stage, the bond was forfeited and proceedings were initiated against the sureties under Section 446 of the Code of Criminal Procedure. As per the order in M.C. 7 of 2011, the trial court imposed the entire bond amount of ₹ 20,000/- as penalty. Against the said order, the petitioner preferred appeal under Section 449 of the Code of Criminal Procedure. As the appeal was delayed, he filed an application to condone delay. The said application was dismissed by the appellate court, and consequently, the appeal was also dismissed. Then the petitioner approached this Court with Crl.R.P.1832 of 2012. As per the order Crl.M.C No.3013 of 2013 2
dated 5.9.2012 in the said revision, this Court reduced the amount of penalty to ₹ 10,000/- on condition that the accused shall be produced within two weeks. During the said period, the accused surrendered before the learned Magistrate and served out the sentence. Now, the surety has come before this Court with this petition for total exemption from payment of penalty on the ground that the accused has already surrendered and served out the sentence.
2. The relief sought by the petitioner cannot be granted by this Court because, once penalty is imposed, or modified in appeal or revision, the surety is bound to remit the amount of penalty. Once penalty is imposed under the law, there is no question of total exemption from payment of penalty. That the accused subsequently surrendered will not legally absolve the surety from his liability under the bond already forfeited. I find no reason to grant relief to the petitioner as sought by him. He is bound to make payment of penalty modified in revision by this Court.
In the result, this Crl.M.C is dismissed.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge