High Court Kerala High Court

Dr.Roy Vijayan vs State Of Kerala on 20 March, 2007

Kerala High Court
Dr.Roy Vijayan vs State Of Kerala on 20 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1601 of 2007()


1. DR.ROY VIJAYAN, PRASANNA, INDIRAGANDHI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY ITS
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.V.B.HARI NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/03/2007

 O R D E R
                                 V. RAMKUMAR, J.


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                             B.A. No. 1601 OF 2007 A

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                    Dated this the 20th day of March, 2007


                                       O R D E R

Petitioner, who is the accused in Complaint No.277/2003 on

the file of the Metropolitan Magistrate, New Delhi for an offence

punishable under section 138 of the Negotiable Instruments Act, 1881 in

respect of a cheque for Rs.5,000/-, seeks anticipatory bail.

2. According to the petitioner, he is a credit card holder of the

Citibank and as evidenced by Annexure-A2 letter dated 11.9.06 the

petitioner was informed that the Bank has a Structured Payment Plan of

Rs.75,000/- in 12 monthly instalments and responding to the same he is

paying the amount to the Bank as agreed and while so the Magistrate of

New Delhi has issued a non-bailable warrant against the petitioner since

the Bank is insisting on keeping the complaint alive until the petitioner

pays the entire amount. The case is said to have been posted to

21.6.07. If the petitioner has accepted the one time settlement offered

by the Bank and is making periodical payments in terms of the

settlement, I am sure that the Bank will not proceed with the criminal

complaint. Accordingly, if the petitioner surrenders before the said

Magistrate on 21.6.07 and files an application for regular bail and is able

to convince the Magistrate that he is making regular payments in terms

BA.1601/07

: 2 :

of the settlement entered between him and Citibank, his application for

regular bail shall be considered and disposed of, preferably on the same

date on which it is filed, after taking into account the aforesaid facts.

Until then, non-bailable warrants, if any, pending against the petitioner

shall not be executed.

This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

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