[Cites 4, Cited by 0]
Kerala High Court
Mr. A.D. Krishnan vs Kerala State Industrial Development ... on 30 March, 2026
Author: K. Babu
Bench: K. Babu
2026:KER:28559
O.P (Crl) No.239 of 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
OP(CRL.) NO. 239 OF 2026
ST NO.2371 OF 2008 OF JUDICIAL FIRST CLASS MAGISTRATE - VI,
ERNAKULAM
PETITIONERS/ACCUSED 2 AND 3:
1 MR. A.D. KRISHNAN
AGED 77 YEARS
FORMER MANAGING DIRECTOR,
M/S. VYSALI PHARMACEUTICALS LTD.,
RESIDING AT 'SWARAM',
GOVERNMENT HIGH SCHOOL ROAD, PIN - 682024
2 DR.(MRS.) SAVITHRI KRISHNAN
AGED 70 YEARS
W/O.MR. A.D. KRISHNAN,
M/S. VYSALI PHARMACEUTICALS LTD.,
RESIDING AT 'SWARAM',
GOVERNMENT HIGH SCHOOL ROAD, EDAPALLY,
KOCHI, PIN - 682024
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
2026:KER:28559
O.P (Crl) No.239 of 2026
2
RESPONDENT:
KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION
LIMITED (KSIDC)
CHOICE TOWERS, MANORAMA JUNCTION, KOCHI,
REPRESENTED BY ITS LEGAL MANAGER, PIN - 682036
BY ADV
SRI.P U SHAILAJAN, SC
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:28559
O.P (Crl) No.239 of 2026
3
K.BABU, J.
--------------------------------------
O.P (Crl) No.239 of 2026
---------------------------------------
Dated this the 30th day of March, 2026
JUDGMENT
The petitioners are accused Nos.2 and 3 in S.T No.2371/2008
on the file of the Judicial First Class Magistrate Court-VI,
Ernakulam.
2. The petitioners face prosecution under Section 138 of the
Negotiable Instruments Act. The learned Magistrate is proceeding
with the trial. The case was posted for evidence on 23.02.2026. The
complainant was examined in chief. The learned counsel for the
petitioners sought time for cross-examination of the complainant
due to personal inconvenience.
3. The learned counsel for the petitioners submitted that
though an application was filed on behalf of the petitioners for
personal exemption, the learned Magistrate issued Non-Bailable
2026:KER:28559
Warrant against them on the ground that the counsel appearing for
them sought time for examination. The learned counsel for the
petitioners further submitted that the petitioners are prepared to
surrender before the learned Magistrate and that they intend to file
an application seeking regular bail. It is submitted that the
petitioners will co-operate with the trial.
4. The learned counsel for the petitioners seeks a direction to
the learned Magistrate to release them on bail, in the event they
make an application for regular bail. The learned counsel
submitted that the personal presence of the petitioners is not
required in view of the nature of the allegations levelled against
them.
5. The learned counsel for the respondent objected to the
reliefs prayed for.
Having regard to the circumstances brought out, the Original
Petition is disposed of with the following directions:
2026:KER:28559
(i) The petitioners shall surrender before the
learned Magistrate on 17.04.2026. If they
make an application for regular bail, the
learned Magistrate shall release them on bail
on their executing bond for Rs.20,000/-
(Rupees Twenty Thousand only) with two
solvent sureties each for the like sum.
(ii) The petitioners are at liberty to file
application seeking permanent exemption
under Section 205 Cr.PC/228 BNSS.
(iii) The learned Magistrate shall consider the
application in the light of the principles
discussed in Bhanujan v. Jayabhanu [1993 (2)
KLT 889], M/s Bhaskar Industries Ltd v.
Bhiwani Denim and Apparels Ltd and Others
[AIR 2001 SC 3625] and Moosa Pattupara v.
State of Kerala [2022 (2) KHC 293].
2026:KER:28559
(iv) The Non-Bailable Warrant issued against the
petitioners and all further coercive
proceedings against them shall stand
recalled.
Sd/-
K.BABU,
JUDGE
KAS
2026:KER:28559
APPENDIX OF OP(CRL.) NO. 239 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT IN
S.T.NO.2371/2008 FILED BY THE
RESPONDENT DATED 05.08.2008
Exhibit P2 TRUE COPY OF THE E-COURT PROCEEDINGS
FROM 03.02.2026 TILL 11.03.2026
