The Court disposed of a criminal miscellaneous petition by denying immediate bail but permitting the accused to surrender before the trial magistrate to file for regular bail. The Court noted pending non-bailable warrants and the acquittal of co-accused as key factors.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929
Crl.MC.No. 213 of 2008()
-----------------------CC.337/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,
THRISSUR
PETITIONER: ACCUSED
M.T.PRAKASHAN, AGED 45 YEARS, S/O. M.GOVINDA PANICKER, MAMPUZHA HOUSE, POST KOTTAPADY, CHAVAKKAD, THRISSUR.
BY ADV. SRI.RAJIT
RESPONDENTS: STATE
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. NOBLE MATHEW
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 213 of 2008 * * * * * * * * * * * * * * * * * * Dated: 18th day of January 2008
ORDER
Petitioner who is the accused in C.C. No. 337 of 2007 on the file of the J.F.C.M.I, Thrissur for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself.
Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance and also after considering the fact that the co-accused in the case have been acquitted after trial.
Sd/-V. RAMKUMAR, (JUDGE)
ani
ani.
1 issue framed by the court
Whether to grant interim bail release on surrender given pending non-bailable warrants and acquitted co-accused.
1 provisions across 1 enactments
M.T. Prakashan
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
