Moideenkutty @ Kunjani vs Mohammed Ashraf
2021 Latest Caselaw 7325 Ker

  Crl.MC.1251/2021                   1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                         Crl.MC.No.1251 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN ST 155/2018 OF JUDICIAL MAGISTRATE
               OF FIRST CLASS -II,PERINTHALMANNA


PETITIONER/S:

                MOIDEENKUTTY @ KUNJANI
                AGED 35 YEARS
                S/O. ABDURAHIMAN, NARIKUNNAN (H), PERINTHATTIRI
                P.O., MAKARAPARAMBU, MALAPPURAM DISTRICT-676507.

                BY ADV. SRI.P.JINISH PAUL

RESPONDENT/S:

       1        MOHAMMED ASHRAF
                AGED 51 YEARS
                S/O. ABDU RAHMAN, NELLENGARA (H), KOOTTIL P.O.,
                MANKADA, PERINTHALMANNA, MALAPPURAM-679324.

       2        STATE OF KERALA,
                REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM-682031.


OTHER PRESENT:

                SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
   Crl.MC.1251/2021                     2




                                V.G.ARUN, J.
                 -----------------------------------------------
                       CRL.M.C.No. 1251 of 2021
                 -----------------------------------------------
                Dated this the 2nd day of March, 2021

                                 ORDER

Petitioner is the accused in S.T.No.155 of 2018, which is pending

before the Judicial First Class Magistrate Court-II, Perinthalmanna.

Cognizance in the above case was taken, based on the complaint filed

by the 1st respondent alleging commission of offence under Section

138 of the Negotiable Instruments Act. According to the petitioner, he

had left the country prior to service of summons in the case and came

back only in the month of October, 2020. That, he came to know about

the proceedings only when the Police came in search of him, for

executing the non bailable warrant issued by the court. The petitioner

is desirous of surrendering before the court and seeking bail, but

apprehends that, on surrender, the court may not grant bail, since the

non bailable warrant has been pending for some time and steps under

Sections 82 and 83 Cr.P.C have been initiated.

2. Taking into account the submission of the learned counsel for

the petitioner that the petitioner had left the country prior to service of

summons in the case, I deem it appropriate that the petitioner be

given an opportunity to surrender before the court and move

application for bail.

3. Considering the limited relief being granted, notice to the 1 st

respondent is dispensed with.

In the result, the Crl.M.C is disposed of permitting the petitioner

to surrender before the Judicial First Class Magistrate's Court-II,

Perinthalmanna in S.T.No.155 of 2018 and to submit an application for

bail. In such event, the learned Magistrate shall consider the bail

application on the date of petitioner's surrender and pass orders

thereon on the same day. In order to provide an opportunity for the

petitioner to surrender and move the bail application, non-bailable

warrant pending against him shall be kept in abeyance till 22.3.2021.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE CASE DETAILS AVAILABLE IN E-COURTS SITE IN S.T.NO.155/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, PERINTHALMANNA.

ANNEXURE A2 THE TRUE COPY OF THE PROCEEDINGS DATED 18.1.2020 AVAILABLE IN E-COURTS SITE IN S.T.NO.155/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, PERINTHALMANNA.