Case Summary
The case involves the State as the petitioner against Rajan and Chandri as counter petitioners regarding the violation of bail conditions by the accused. The counter petitioners, who are the sureties, failed to procure the presence of the accused before the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Penalty of Rs.5,000/- each
Case Type
MC
Final Judgment
No
The court directed the counter petitioners to pay a penalty of Rs.5,000 each for failing to ensure the presence of the accused per the bail conditions.
Why Plaintiff Won:
The counter petitioners violated the bail conditions and failed to appear before the court despite notice.
The counter petitioners violated the bail conditions and failed to appear before the court despite notice.
Losing Side's Weaknesses:
The counter petitioners violated the bail conditions and failed to appear before the court despite notice.
The counter petitioners violated the bail conditions and failed to appear before the court despite notice.
Supporting Evidence
Thus, it can be concluded that the counter petitioners have nothing to offer in this regard.
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
- Rajan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandri
- Party Age
- 52
- Relation
- W/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:
Considering the facts and circumstances, I am of the view that a reasonable amount can ordered to be paid as penalty and the rest could be remitted.
Relief Type:
Other
Outcome:
Granted
Description:
Issuance of Distress Warrant to collect the amount under section 461 (1)(b) of BNSS, if the penalty is not paid within one month.
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 the warrant could not be executed.
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 Rajan et al regarding bail violation
Case Code Year
Case between State vs Rajan et al regarding bail violation
Case Flags
Imprisonment Involved
Imprisonment Duration
10 days