Shajina M vs State Of Kerala
2024 Latest Caselaw 29909 Ker

Kerala High Court

Shajina M vs State Of Kerala on 22 October, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                                 2024:KER:78540
CRL.MC NO. 8696 OF 2024

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

       TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                             CRL.MC NO. 8696 OF 2024

           AGAINST THE ORDER/JUDGMENT DATED IN CC NO.22 OF 2023 OF

       JUDICIAL MAGISTRATE OF FIRST CLASS -VI, THIRUVANANTHAPURAM

PETITIONER/1ST ACCUSED :

              SHAJINA M, AGED 52 YEARS
              W/O THAHAKUTTY T S PALACE,
              TOWN WARD, KULATHUPUZHA,
              KOLLAM, PIN - 691 310.

              BY ADVS.
              N.P.RUKSANA
              U.B.SIRAS




RESPONDENT/STATE :

              STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM.
              (ON BEHALF OF STATION HOUSE OFFICER KARAMANA POLICE
              STATION TRIVANDRUM), PIN - 682 031.

              SRI. NOUSHAD K. A. (PP)


THIS    CRIMINAL     MISC.    CASE   HAVING    COME   UP   FOR   ADMISSION   ON
22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                                                  2024:KER:78540
CRL.MC NO. 8696 OF 2024

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                               BECHU KURIAN THOMAS, J
                          ......................................................
                                   Crl.M.C.No.8696 of 2024
                           ...................................................
                     Dated this the 22nd day of October, 2024


                                               ORDER

Petitioner is the first accused in C.C.No.22/2023 on the files of the

Judicial First Class Magistrate Court-VI, Thiruvananthapuram. The

proceedings arose 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 her. Even though petitioner is willing to appear and

participate in the trial, she apprehends that she 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 her willingness to participate in the trial,

there will be a direction to the Judicial First Class Magistrate Court-VI,

Thiruvananthapuram, to consider the applications for recall of warrant 2024:KER:78540 CRL.MC NO. 8696 OF 2024

and for grant of bail, if any, filed by the petitioner in C.C.No.22/2023,

on the same day itself, bearing in mind that the offences alleged against

the petitioner is a bailable offence.

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

directed, the non bailable warrant 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/22/10/2024 2024:KER:78540 CRL.MC NO. 8696 OF 2024

PETITIONER ANNEXURES

ANNEXURE A1 A TRUE COPY OF PROCEEDINGS OF HONORABLE JFCM COURT-6 TRIVANDRUM DATED 02.09.2024.