Ajay Jose K.I vs C.S. Shajil Kumar
2023 Latest Caselaw 6763 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945

                      CRL.MC NO. 4849 OF 2023
      AGAINST THE ORDER/JUDGMENT CC 820/2016 OF JMFC - VIII,
                       ERNAKULAM (TEMPORARY)

    PETITIONER/S:

        AJAY JOSE K.I
        AGED 56 YEARS
        KUNNEL HOUSE, MUNDAMVELI, KOCHI- 682507,
        AS SHOWN IN THE COMPLAINT, AND PRESENTLY
        RESIDING AT GRACE VILLA, NEAR KAPPU
        SCHOOL MADAKKATHANAM P.O., MUVATTUPUZHA,
        PIN- 686 770, ERNAKULAM DISTRICT, PIN -
        686770

        BY ADVS.
        A.BALAGOPALAN
        RAJAGOPALAN A
        M.N.MANMADAN
        M.S.IMTHIYAZ AHAMMED
        P.SEENA
        RALITZINE MENDEZ
        VISWANATH SALISH
        A.R. AMAL

    RESPONDENT/S:

1       C.S. SHAJIL KUMAR
        S/O SHANMUGAN
        AGED 53 YEARS
        CHETTIPARAMBIL HOUSE, THYKOODAM,
        VYTTILA P.O., ERNAKULAM,
        KOCHI, PIN - 682019

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

              SRI. T R RENJITH, SR. PP


         THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
    ON 20.06.2023, THE COURT ON THE SAME DAY PASSED THE
    FOLLOWING:
 CRL.MC NO. 4849 OF 2023

                                      2



                                  ORDER

The petitioner is the accused in C.C.No.820/2016 on the file of the

Judicial First Class Magistrate - VIII, Ernakulam. In the aforesaid case, he

is facing prosecution for having committed offence punishable under

Section 138 of the Negotiable Instruments Act.

2. On account of his failure to appear before the learned

Magistrate, non-bailable warrant has been issued by the court. He

contends that he is prepared to appear before the court below and seek

bail. His prayer in this petition is for issuance of directions to the learned

Magistrate to consider his applications on the date of surrender itself.

3. I have heard Sri. A. Balagopalan, the learned counsel

appearing for the petitioner and the learned Public Prosecutor.

4. Having regard to the facts and circumstances and the

submissions made across the bar, this petition is disposed of by ordering

as under:

a) The petitioner shall surrender before the jurisdictional court

within two weeks from today.

b) If applications for recalling the warrant and for grant of bail

are preferred before the court with advance notice to the concerned

prosecutor, the learned Magistrate shall consider the same and pass

appropriate orders in accordance with the law, ideally on the date of CRL.MC NO. 4849 OF 2023

surrender itself.

(c) In order to enable the petitioner to appear before the court

below, coercive proceedings pending against the petitioner shall be kept

in abeyance for a period of two weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE avs