Sajan.S.S vs State Of Kerala
2024 Latest Caselaw 16760 Ker

Kerala High Court

Sajan.S.S vs State Of Kerala on 12 June, 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
 WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA,
                            1946
                   CRL.MC NO. 4996 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.1406 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA
                .............................
PETITIONER/ACCUSED :

         SAJAN.S.S
         AGED 37 YEARS
         KRA 92 A SIVAGOKULAM, KANCHIYOORKONAM,
         KATTAKADA P.O, THIRUVANANTHAPURAM - 695 572
         BY ADV M.R.SARIN


RESPONDENT/S:

   1     STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682 031.
   2     SAMSON CLEETUS
         AGED 39 YEARS
         PANAKKAL HOUSE, EZHUPUNNA SOUTH P.O,
         CHERTHALA TALUK, KODUTHANANDU VILLAGE,
         CHERTHALA, ALAPPUZHA, PIN - 688524



         SRI. NOUSHAD K. A. (PP)


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC 4996/2024

                                              2




                          BECHU KURIAN THOMAS, J
                     ......................................................
                              Crl.M.C.No.4996 of 2024
                      ...................................................
                     Dated this the 12th day of June, 2024


                                          ORDER

Petitioner is accused in S.T.No.1406/2022 on the files of the Judicial

First Class Magistrate Court-II, Cherthala. The offences alleged against

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, he apprehends 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-II,

Cherthala; to consider the applications for recall of warrant and for grant

of bail, if any, filed by the petitioner in S.T.No.1406/2022, on the same

day itself, provided such applications are filed within 15 days from

today, bearing in mind that the offence alleged is a bailable offence.

5. To enable the petitioner to appear before the court below 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 AMV/12/06/2024

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF ST NO 1406/2022 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRSTCLASS MAGISTRATE COURT -II, CHERTHALA UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AS PER 190 OF CRPC

TRUE COPY