IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2791 of 2007()
1. MOHAMMED BASHEER, S/O. MOHAMMED,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. JAINLALIT KUMAR,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/09/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2791 of 2007
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Dated this the 6th day of September 2007
O R D E R
The petitioner faces indictment in a prosecution under
Section 138 of the Negotiable Instruments Act. The cheque is
for an amount of Rs.33,500/- and is dated 01/12/2004.
Prosecution was initiated as early as in 2005. The petitioner has
not entered appearance so far. The petitioner had received
summons from the court but on account of reasons beyond his
control, it became impossible for him to appear before the
learned Magistrate, it is submitted. His absence was not wilful;
but was on account of reasons beyond his control.
2. According to the petitioner, he is absolutely innocent.
The petitioner is willing to pay the cheque amount to the
complainant along with reasonable interest. But the
complainant, in his anxiety to vex and harass the petitioner, is
not willing to compound the case. The matter hence drags on
unnecessarily. The petitioner now wants to surrender before
the learned Magistrate and seek regular bail. But he
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apprehends that his application for regular bail may not be
considered by the learned Magistrate on merits, in accordance
with law and expeditiously. He, therefore, prays that directions
under Section 438 and/or 482 Cr.P.C. may be issued to the
learned Magistrate to release the petitioner on bail when he
appears and applies for bail.
3. The learned counsel for the petitioner submits that to
show his bonafides, the petitioner shall deposit the cheque
amount with interest before the learned Magistrate within a
period of fifteen days.
4. Having considered all the relevant inputs, I am
persuaded to agree that directions under Section 438/482 Cr.P.C
can be issued in favour of the petitioner. I am impressed by the
offer made by the learned counsel for the petitioner to deposit an
amount of Rs.45,000/- before the learned Magistrate to show his
bona fides.
5. This petition is, in these circumstances, allowed.
Following directions are issued under Section 438/482 Cr.P.C.
i) The petitioner shall surrender before the learned
Magistrate at 11 a.m on 22/9/2007. Till then the non-bailable
warrant issued against him shall not be executed.
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ii) He shall be released on regular bail on condition that
he deposits an amount of Rs.45,000/- (Rupees forty five thousand
only) and executes a bond for Rs.25,000/- (Rupees twenty five
thousand only) with two solvent sureties each for the like sum to
the satisfaction of the learned Magistrate.
6. The learned Magistrate shall record the plea of the
accused on the date of surrender and shall thereafter permit him
to be represented by his counsel. Subsequent personal presence
of the petitioner shall be insisted only if it is absolutely necessary
for the further progress of the case. I record the submission of
the learned counsel for the petitioner that if the complainant is
willing to accept the said amount and compound the same, the
entire amount can be released to the complainant forthwith.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007