Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 Crl.MC.No. 618 of 2013 () ------------------------- LP.113/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA. ................ PETITIONER/ACCUSED: ----------------------------------- BABU MENON, AGED 5 YEARS, S/O.VENUGOPAL, NO.5, SKYLINE MANSION, GANDHI NAGAR, KADAVANTHRA, KOCHI-17. BY ADVS. SRI.M.T.SURESHKUMAR, SRI.V.V.RAJA. RESPONDENTS/COMPLAINANT AND STATE: --------------------------------------------------------------- 1. PRAJESH, S/O.KUNJIKKANNAN NAIR, PROPRIETOR, M/S. GRATE BUSINESS LINKS, PAZHANKAVU P.O., NATTU STREET, VADAKARA, KOZHIKKODE DISTRICT.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM”
031. R2 BY PUBLIC PROSECUTOR SMT.V.H. JASMINE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 618 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT DATED 17 09/2007. ANNEXURE A2 COPY OF THE CHEQUE IN QUESTION REFERRED TO IN THE COMPLAINT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J.
--------------------------------------- Crl. M.C. No.618 OF 201.--------------------------------------- Dated this the 30th day of January, 2013. ORDER
The prayer in the Crl.M.C is for a direction to the learned Magistrate to consider the bail application of the petitioner on the date of his surrender itself. The case is pending as L.P.No.113/2012 before the Judicial First Class Magistrate Court, Vadakara. The petitioner denies his complicity in the matter.
2. It is stated by the learned counsel for the petitioner that no demand notice has been received by the petitioner and he has not received any summons from the court also. The apprehension of the petitioner is that once he surrenders before the court, he may be remanded without considering his application for bail.
3. Heard the learned Public Prosecutor also. The offence alleged is under Section 138 of the Negotiable Instruments Act. The petitioner will surrender before the court below within a period of ten days and he will file an application for bail which will Crl.M.C.No.618/2013 2 be duly considered by the court on the same day of surrender itself preferably and the court will be free to fix appropriate conditions. The Crl. M.C. is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp