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High Court of KeralaCrl.MC/2786/2015disposed of

Joshy Augustin v. State Of Kerala

2015-05-08Honourable Mr. Justice Anil K.Narendran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 Crl.MC.No. 2786 of 2015 () --------------------------- ST 1779/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT.-II,PATHANAMTHITTA PETITIONER/ACCUSED:

--------------------------------- JOSHY, AUGUSTIN AGED 42 YEARS S/O.AUGUSTIN, KATTAMKOTTIL, MUNDANMUDI KALIYAR, VANNAPURAM, IDUKKI DISTRICT.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S)/STATE/COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. T.M.MATHEW THUNDUPARAMPIL, VETTIPURAM MURI PATHANAMTHITTA DISTRICT-689 645.

R1 BY PUBLIC PROSECUTOR SRI P.V.ELIAS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ANIL K.NARENDRAN, J -------------------------------------------------- Crl.M.C.No.2786 Of 2015 -------------------------------------------------- DATED THIS THE 8th DAY OF MAY, 2015

ORDER

The petitioner is the sole accused in S.T.No.1779/2008, pending before the Judicial First Class Magistrate Court-II, Pathanamthitta. The offence alleged against the petitioner is punishable under Section 138 of the Negotiable Instruments Act. The grievance of the petitioner is that, the Magistrate Court has already issued non-bailable warrant against him and if he surrenders before the Magistrate Court there is every likelihood of the application not being considered on the very same day. Therefore, the petitioner seeks a direction to consider his bail application on the day of surrender itself.

2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3.

Considering the facts and circumstances of the case, this Crl.M.C. is disposed of directing the petitioner to surrender before the Magistrate Court within a period of two weeks from today and the Magistrate Court is further directed to consider his bail

Crl.M.C.No.2786/15 -2application on the day of surrender itself, strictly in accordance with law. The non-bailable warrant already issued against the petitioner shall be kept in abeyance for a period of two weeks. The Crl.M.C. is disposed of as above.

Sd/- ANIL K.NARENDRAN, JUDGE dsn