IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2262 of 2007()
1. E.P.KUNHIMOIDU, S/O.CHEKKUTTY,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/07/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2262 of 2007
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Dated this the 17th day of July 2007
O R D E R
The petitioner is an accused in a prosecution under Section
138 of the Negotiable Instruments Act. The case stood posted
for orders to 23/4/2007 and 11/5/2007. As the petitioner was
absent on those dates, non-bailable warrant was issued against
the petitioners. The petitioner submits that his absence before
court was not wilful or deliberate; but was due to reasons
beyond the control of the petitioner. The petitioner is now
willing to appear before the learned Magistrate to receive the
sentence. But he apprehends that he may be remanded to
custody unnecessarily and his application for bail may not be
considered by the learned Magistrate on merits, in accordance
with law and expeditiously.
2. The case now stands posted for orders as revealed
from the submissions of the petitioner. The petitioner can
certainly appear before the learned Magistrate and the learned
Magistrate must proceed to pass orders on such date of
surrender itself, if the judgment is ready. If the judgment is not
Crl.M.C.No.2262/07 2
ready, the learned Magistrate must consider the application for
bail to be filed by the petitioner on merits, in accordance with
law and expeditiously. The warrant of arrest issued against the
petitioner shall not be executed till 23/7/2007. On or before that
date, the petitioner must appear before the learned Magistrate
and seek further directions.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007