Case Summary
The case involves the State as the petitioner against the counter petitioners Sukhilesh and Nidhin regarding the violation of bail conditions by an accused. The accused failed to appear in court, leading to the forfeiture of the bail and penalties for the sureties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Penalty of Rs.5,000/- each to be paid by counter petitioners.
Case Type
MC
Final Judgment
No
The court directed the counter petitioners to pay a penalty of Rs.5,000/- each due to their failure to ensure the presence of the accused. Additionally, a distress warrant was issued to collect the penalty if not paid within one month.
Key Reasoning:
Counter petitioners are ordered to pay penalties due to non-compliance with court directives.
Counter petitioners are ordered to pay penalties due to non-compliance with court directives.
Why Defendant Won:
Counter petitioners are ordered to pay penalties due to non-compliance with court directives.
Counter petitioners are ordered to pay penalties due to non-compliance with court directives.
Supporting 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.
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
- Sukhilesh.
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nidhin P. K.
- Party Age
- 27
- 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:
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:
Issue 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:
If the warrant could not be executed, the counter petitioners are liable to undergo simple imprisonment for 10 days in Civil Prison.
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
Violation of bail conditions
Case Code
Case between State vs Sukhilesh et al regarding bail conditions and penalties.
Case Code Year
Case between State vs Sukhilesh et al regarding bail conditions and penalties.
Case Flags
Imprisonment Involved
Imprisonment Duration
10 days