Ashraf vs State Of Kerala
2024 Latest Caselaw 9779 Ker

Kerala High Court

Ashraf vs State Of Kerala on 4 April, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      CRL.MC NO. 3249 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.492 OF 2022 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, ANGAMALY
PETITIONER:

          ASHRAF
          AGED 50 YEARS
          PROPRIETOR, BISMI FRUITS(BFC), KARUNAGAPPALLY, GOVT.
          HOSPITAL JUNCTION, NH ROAD, KARUNAGAPPALLY, KOLLAM.,
          PIN - 680518
          BY ADV M.R.SASITH


RESPONDENT:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
OTHER PRESENT:

          SMT. SREEJA V. (PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3249 OF 2024
                                      2

                   BECHU KURIAN THOMAS, J.
                   -----------------------------------------
                     Crl.M.C. No. 3249 of 2024
                   ----------------------------------------
                Dated this the 4th day of April, 2024


                                 ORDER

Petitioner is the sole accused in S.T.No.492/2022 on the files

of the Judicial First Class Magistrate Court, Angamaly. The

offences alleged against them are under Section 138 of the

Negotiable Instruments Act, 1881.

2. Due to the non-appearance of the petitioner, non bailable

warrant has been issued against him. Even though petitioner is

willing to appear and participate in the trial, petitioner apprehend

that he will be remanded to custody.

3. Having heard the learned counsel for the petitioner and the

learned Public Prosecutor, I am of the view that this Crl.M.C. can

be disposed of with a direction.

4. Since petitioner has expressed his willingness to

participate in the trial, there will be a direction to the Judicial First

Class Magistrate Court, Angamaly to consider the application for

recall of warrant and for grant of bail, if any, filed by the petitioner

in S.T.No.492/2022, on the same day itself, provided such

application is filed within 15 days from today. CRL.MC NO. 3249 OF 2024

5. To enable the petitioner to appear before the Magistrate as

directed, the non-bailable warrants issued against the petitioner

shall be kept in abeyance for a period of 15 days from today.

The Crl.M.C. is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 3249 OF 2024

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF COMPLAINT IN ST NO.492/2022 ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY, ERNAKULAM Annexure A2 TRUE COPY OF E-COURT PROCEEDINGS OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY Annexure A3 TRUE COPY OF THE ORDER OF CRL MC 1873/2024 OF HIGH COURT OF KERALA DATED 26.02.2024 TRUE COPY