Kerala High Court
Aswani Anilkumar vs State Of Kerala on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
CRL.M.C. NO.8489 OF 2023
C.C. NO.1462/2021 OF JMFC(SPECIAL COURT) FOR TRIAL OF SEC.138, NI
ACT CASES (TEMPORARY)
PETITIONER/ACCUSED:
ASWANI ANILKUMAR,
AGED 38 YEARS,
ADIPARAMBIL HOUSE ,FLAT NO.702,7TH FLOOR,
DHARTI ICON CO-OP HOUSING SOCIETY LTD.,
PLOT NO.58,SECTOR 21, KAMOTHE, PHASE-II,
TAL, PANVEL,DISTRICT RAIGAD, PIN-410 206.
BY ADVS.
M.SHAJU PURUSHOTHAMAN
K.S.RAJESH
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682 031.
2 TRANS ASIAN SHIPPING SERVICES PRIVATE LTD.,
TRANS ASIA CORPORATE PARK, XIV/396.C,
SEAPORT AIRPORT ROAD ,CHITTETTUKARA,
KAKKANAD,COCHIN, PIN-682 037.
R1 SRI. HRITHWIK C.S., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-2-
CRL.M.C. NO.8489 OF 2023
P.V. KUNHIKRISHNAN, J.
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Crl.M.C. No.8489 of 2023
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Dated this the 16th day of October, 2023
ORDER
This Criminal Miscellaneous Case is filed with the
following prayers:-
A. set aside Annexure 4 Order dt. 16.08.2023 in
CC 1462/2021 filed before the Court of JFCM
(NI Act Cases) Ernakulam in the interest of
justice.
B. grant an opportunity to the petitioner to
appear through counsel in the case for making
clarifications, if any on the arguments as
recorded by the trial court in the proceedings
dt. 18.4.2023 in next posting date of the case
notwithstanding the cancellation of bail bond in
the interest of justice.
2. Annexure 4 is an order passed by the trial court
cancelling the bail bond, issuing non bailable warrant to the
petitioner and also issuing notice to the sureties. It is the
specific case of the petitioner that the trial in this case is
concluded and the case was posted for clarification of
CRL.M.C. NO.8489 OF 2023
certain points. On that day, in the roll call, there was
representation for the accused. But when the case was
called after roll call, there was no representation.
Therefore, the bail bond is cancelled and the warrant is
issued to the petitioner. I think there is some justification on
the part of the petitioner. When the case was represented
by the counsel at roll call and since there was no
appearance after roll call, it is improper on the part of the
learned Magistrate in issuing warrant and cancelling bail
bond itself.
3. The petitioner submitted before this Court that
the petitioner will appear before the court below on the
date on which the case is posted for judgment. If that is the
case, the impugned order can be set aside. No notice is
necessary to the 2nd respondent in this case because this
Court is only setting aside the order issuing warrant and
cancelling the bail bond.
The Crl.M.C. is hence allowed with the following
directions:-
i) Annexure 4 order is set aside.
CRL.M.C. NO.8489 OF 2023
ii) The petitioner will appear before the trial court
as and when required by the trial court and also
on the date on which the case is posted for
judgment.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
bpr
CRL.M.C. NO.8489 OF 2023
APPENDIX OF CRL.MC 8489/2023
PETITIONER'S ANNEXURES
Annexure 1 THE TRUE COPY OF THE COMPLAINT FILED BY
THE 2ND RESPONDENT DATED 09.04.2021.
Annexure 2 THE TRUE COPY OF THE NOTES OF ARGUMENTS
DATED 30.03.2023.
Annexure 3 THE TRUE COPY OF THE PROCEEDINGS OF THE
COURT SHOWING THAT ACCUSED WAS HEARD AND
NOTES OF ARGUMENTS WAS RECEIVED ON FILES
DATED 18.04.2023.
Annexure 4 THE CERTIFIED COPY OF THE ORDER IN C.C.
NO.1462/2021 IN THE COURT OF JFCM (NI
ACT CASES) ERNAKULAM, DATED 16.08.2023.
Annexure 5 THE TRUE COPY OF THE CMP NO.3485/2023 IN
C.C. NO.1462/2021 FILED BEFORE THE COURT
OF JFCM (NI ACT CASES) ERNAKULAM, DATED
24.08.2023.
Annexure 6 THE TRUE COPY OF THE RECEIPT OF MONEY
DATED 27.09.2023.
