Case Summary
The State initiated proceedings against the counter petitioners for failure to produce the accused who violated bail conditions. The counter petitioners were the sureties for the accused.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Penalty of Rs.5,000/- each
Case Type
MC
Final Judgment
No
The court ordered the counter petitioners to pay a penalty of Rs.5,000 each for failing to produce the accused. If the penalty is not paid, distress warrants will be issued, and they may face 10 days of imprisonment.
Why Plaintiff Won:
The counter petitioners failed to provide any justifiable reason for the absence of the accused despite multiple notices.
The counter petitioners failed to provide any justifiable reason for the absence of the accused despite multiple notices.
Losing Side's Weaknesses:
The counter petitioners failed to provide any justifiable reason for the absence of the accused despite multiple notices.
The counter petitioners failed to provide any justifiable reason for the absence of the accused despite multiple notices.
Supporting Evidence
There is no justifiable cause or reason as to why the accused was not present or why the counter petitioners were not able to produce him.
Judgment Evidence:
In the result, 1) The counter petitioners are directed to pay penalty of Rs.5,000/- (Rupees Five Thousand Only) each under section 491 BNSS.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State
- Party Role
- Defendant
- Party Name
- Babu K. P.
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manojan P. P.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The counter petitioners are directed to pay penalty of Rs.5,000/- each under section 491 BNSS.
Evidence:
Thus, the counter petitioners/sureties are directed to pay Rs.5,000/- (Rupees Five Thousand Only) towards penalty and the rest is remitted.
Relief Type:
Other
Outcome:
Granted
Description:
Issue Distress Warrant to collect the amount under section 461 (1)(b) of BNSS.
Evidence:
Issue Distress Warrant to collect the amount under section 461 (1)(b) of BNSS, if the penalty is not paid within one month.
Relief Type:
Other
Outcome:
Granted
Description:
Counter petitioners are liable to undergo simple imprisonment for 10 days in Civil Prison if penalty not paid.
Evidence:
If the warrant could not be executed, the counter petitioners are liable to undergo simple imprisonment for 10 days in Civil Prison.
Documents & Evidence
Case Classification
Case Type
MC
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between State vs Babu K. P. et al regarding violation of bail conditions
Case Code Year
Case between State vs Babu K. P. et al regarding violation of bail conditions
Case Flags
Cheque-Related Case
Imprisonment Involved
Nature of Cheque Case
Cheque Dishonour
Imprisonment Duration
10 days