Case Summary
This case involves the State as the petitioner and Babu K. P. and Nijeesh as the counter petitioners regarding the sureties for an accused in a previous case. The accused failed to appear in court, leading to penalties for the counter petitioners.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Penalty of Rs.5,000/- each
Case Type
MC
Final Judgment
No
The counter petitioners are directed to pay a penalty for the accused's failure to appear in court as required. Failure to pay will result in further action including simple imprisonment.
Key Reasoning:
The counter petitioners failed to appear before the court despite being served notices, justifying the penalty.
The counter petitioners failed to appear before the court despite being served notices, justifying the penalty.
Why Defendant Won:
The counter petitioners failed to appear before the court despite being served notices, justifying the penalty.
The counter petitioners failed to appear before the court despite being served notices, justifying the penalty.
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
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nijeesh
- Party Age
- 41
- 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 liable to undergo simple imprisonment for 10 days in Civil Prison if penalty is 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 under Section 138 N.I. Act
Imprisonment Duration
10 days