High Court Kerala High Court

Mohammed Basheer vs State Of Kerala on 6 September, 2007

Kerala High Court
Mohammed Basheer vs State Of Kerala on 6 September, 2007
       

  

  

 
 
  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.
                      ----------------------
                   Crl.M.C.No.2791 of 2007
                  ----------------------------------------
            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

Crl.M.C.No.2791/07 2

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.

Crl.M.C.No.2791/07 3

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

Crl.M.C.No.2791/07 4

Crl.M.C.No.2791/07 5

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007