IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 263 of 2008()
1. BASHEER, S/O.NADAMMAL ALIKUNHI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KUNNATH KUNHIRAMAN,
For Petitioner :SRI.B.V.JOY SANKER
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/01/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
B.A. No. 263 OF 2008
-------------------------------------------------
Dated this the 10th day of January, 2008
ORDER
Application for regular bail. The petitioner faces
allegations under Sec.138 of the Negotiable Instruments Act.
Proceedings were initiated as early as in 2002. The petitioner
was absconding and could not be apprehended. The petitioner
has now been arrested and produced. His application for
regular bail was dismissed by the learned Magistrate.
2. The learned counsel for the petitioner submits that
the absence of the petitioner earlier was not wilful or
deliberate; but was due to reasons beyond his control. He is
willing to abide by any reasonable terms and conditions. He
may be enlarged on bail. To show his bona fides, he shall
B.A. No. 263 OF 2008 -: 2 :-
deposit 10% of the cheque amount as security also, offers the
learned counsel for the petitioner. I am satisfied that subject to
appropriate conditions, the petitioner can now be enlarged on
bail.
3. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall deposit an amount of Rs.10,000/- as
cash security before the learned Magistrate which amount shall
be retained in a Fixed Deposit for a period of one year such that
the capital along with the interest can be released to such party
who is found entitle to the same ultimately.
(ii) He shall execute a bond for Rs.75,000/- with two
solvent sureties each for the like sum to the satisfaction of the
learned Magistrate.
(R. BASANT, JUDGE)
Nan/