Petitioner seeking anticipatory bail in Sec.138 NI Act case. Court refused anticipatory bail but permitted surrender within two weeks to file regular bail application for release on bond and sureties.
Petitioner permitted to surrender within two weeks; if so, release on regular bail on executing bond for Rs.15,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932
Bail Appl..No. 1748 of 2011() ----------------------------------------(CRIME NO.249/2000 OF HILL PALACE POLICE STATION,TRIPUNITHURA, ERNAKULAM DISTRICT)
PETITIONER/ACCUSED:
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E.K.UMMAR, S/O.KUNJUMUHAMMAD, AGED 65 YEARS, EDAVAZHIKKAL HOUSE, KODUNGALOOR, KOTHAPARAMBU, THRISSUR DIST. BY ADV. SRI.P.A.MUJEEB
RESPONDENT(S): COMPLAINANT:
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STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. M.S. BREEZ
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
V. RAMKUMAR, J.
Bail Application No.1748 of 2011
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DATED: 03.03.2011
O R D E R
Petitioner, who is the sole accused in C.C.No.919/2004 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam for an offence punishable under Sec.138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail.
Bail A.No.1748 of 2011
-:2:-
This petition is disposed of as above.
Dated this the 3rd day of March, 2011.
V.RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether anticipatory bail should be granted to an accused in a cheque dishonour case who has failed to appear causing non-bailable warrants.
Whether conditions can be imposed allowing the petitioner to surrender within two weeks to secure release on regular bail.
1 provisions across 1 enactments
E.K. UMMAR
STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
