High Court Kerala High Court

P.M.Hassankutty vs State Of Kerala on 8 January, 2008

Kerala High Court
P.M.Hassankutty vs State Of Kerala on 8 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 75 of 2008()


1. P.M.HASSANKUTTY, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



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

2. CHOYUNNI ULLERI, S/O KUNHATHU,

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/01/2008

 O R D E R
                            V. RAMKUMAR, J.

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                          Crl.M.C.No.75 of 2008

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              Dated this the 8th day of January, 2008


                                            ORDER
      Petitioner          who         is         the         common          accused         in

S.T.Nos.5011/2007,   5549/04,   280/2005   &     379/05   respectively

before the J.F.C.M- II, Parappanangadi for an offence punishable

under Section 138 of the Negotiable Instruments Act, 1881,

involving four different cheques for different amounts,

challenges the orders dated 24.11.07 passed by the learned

Magistrate in each of the cases directing the petitioner to

deposit a sum of Rs.10,000/- under Section 445 Cr.P.C. The

orders were passed at the instance of the 2nd respondent-

complainant.

2. Just because the petitioner is an accused in four

different cases, that is not a circumstance justifying the direction

to deposit Rs.10,000/- in each of the cases as a condition for

executing the bail bond. Accordingly, the said condition will

stand deleted in each of the four cases. Money, if any, deposited

before the court below pursuant to the impugned orders shall be

refunded to the petitioner.

V. RAMKUMAR, JUDGE

sj