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Asharaf C.A. vs The State Of Kerala on 2 February, 2010

Kerala High Court
Asharaf C.A. vs The State Of Kerala on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 339 of 2010()


1. ASHARAF C.A., S/O. E.ABDUL KHADER,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :02/02/2010

 O R D E R

P.BHAVADASAN, J.

————————————-
Cr. MC No.339 of 2010

————————————-
Dated 2nd February 2010

Order

In this petition filed under S.482 of the Code of

Criminal Procedure, the petitioner prays for a direction to

the JFCM-IV, Kochi to recall the non-bailable warrant

issued against him and to consider the bail application to

be submitted by him on the same date of his surrender

before Court.

2. The petitioner is the accused in CC

No.171/08 on the file of the JFCM-IV, Kochi, for having

committed the offence punishable under S.138 of the

Negotiable Instruments Act. He says that he did not

receive the summons from Court and he had no idea of the

pendency of the case. He is employed at Bangalore and

only when the Police came in search of him, he came to

know that a non-bailable warrant has been issued against

him. The petitioner pointed out that there is no wilful laches

CRMC 339/10 2

on his part in appearing before the Court pursuant to the

non-bailable warrant issued against him and prays that the

warrant may be recalled.

3. The petition is disposed of with a direction that

the petitioner shall surrender before the Magistrate’s Court

on or before 10.02.2010 and if the petitioner files an

application for bail, the same shall be disposed of by the

concerned Court in accordance with law on the same date

of its filing. Till such time, the non-bailable warrant shall

be kept in abeyance.





                                   P.BHAVADASAN, JUDGE



sta

CRMC 339/10    3

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