Kerala High Court
S.Kuruvila @ Sony Kuruvila vs State Of Kerala on 10 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
CRL.MC NO. 4079 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.98 OF 2005 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,THALASSERY
PETITIONER/ACCUSED:
S.KURUVILA @ SONY KURUVILA
AGED 63 YEARS
S/O KURUVILA, SONY ELECTRICALS, MAIN ROAD,
PATHANAMTHITTA.NOW RESIDING AT KARAVATTATHAYIL ,
MYLAPRA , PATHANAMTHITTA, PIN - 689671
BY ADVS.
M.T.SURESHKUMAR
MANJUSHA K
SREELAKSHMI SABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ANCHOR ELECTRONICS AND ELECTRICALS LTD
TELLICHERRY UNIT REPRESENTED BY ITS PA HOLDER T M
MADHUSOODHANAN, MAREENA COMPLEX, TOWN HALL ROAD,
TELLICHERRY., KANNUR DISTRICT, PIN - 670101
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4079 OF 2024
2
ORDER
Dated this the 10th day of May, 2024
The case against the petitioner is now pending as
L.P.No.98/2005 in S.T.No. 2098/2004 of the Judicial
First Class Magistrate Court, Thalassery, relating to
the commission of offence under Section 138 of
Negotiable Instruments Act.
2. The learned counsel for the petitioner would
contend that a non-bailable warrant is pending
against the petitioner, and that he apprehends
remand to judicial custody upon surrender before the
Trial Court.
3. Heard the learned Public Prosecutor
representing the respondent.
4. The offence alleged against the petitioner is
obviously bailable offence. The learned Magistrate is
expected to take into account the law laid down by
this Court in Biju S Praveen v. State of Kerala and
CRL.MC NO. 4079 OF 2024
another [2007 (2) KLT 280], when the accused
surrenders before the said Court and seeks bail. It is
made clear that the learned Magistrate is not expected
to invoke Section 436(2) Cr.P.C for refusing bail unless
there are clear circumstances pointing to the
contumacious conduct and deliberate act on the part
of the accused to subvert the cause of justice.
Needless to say that the learned Magistrate is not
expected to mechanically deny bail and remand the
accused to custody for the sole reason that a non-
bailable warrant is pending against him. With the
above observations, the petition is disposed of as
follows :
i. The petitioner shall surrender before the
learned Magistrate within 30 days from
today.
ii. Upon such surrender, the Bail
application, if any, filed by the petitioner
shall be considered and disposed of by the
learned Magistrate on the same day of his
CRL.MC NO. 4079 OF 2024
surrender, bearing in mind the principles
laid down by this Court in Biju Praveen v.
State of Kerala cited supra.
iii. In the meanwhile, there shall not be any
coercive steps against the petitioner for
securing his presence before the Trial Court.
Sd/-
G. GIRISH,
JUDGE
AJM/10/5/24
CRL.MC NO. 4079 OF 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE COMPLAINT DATED
2-7-2003 BEFORE JFMC, THALASSERY
