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)
aks