Partly allowed

Hakkim v. State of Kerala

Kerala HC10 Jun 2011Bail Appl./4620/2011

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an application for anticipatory bail. Instead, it directed the accused to surrender to the Magistrate within two weeks to apply for regular bail, potentially receiving release on executing a bond with sureties subject to reporting conditions.

What did the court decide?

Petitioner directed to surrender within two weeks and apply for regular bail; release contingent upon bond of Rs. 15,000 with two sureties and adherence to reporting conditions.

Hakkim Vs State of Kerala — Cheque Dishonour | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933

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Bail Appl..No. 4620 of 2011() ----------------------------CC.723/2009 of J.M.F.C.,KUNNAMKULAM

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PETITIONER/ ACCUSED:-

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HAKKIM, AGED 27 YEARS, S/O. HASSINAR, PARAYARUKUNDIL HOUSE, CHOORAKODE POST, VALAPUZHA, PALAKKAD DISTRICT.

BY ADV. SRI.RAJIT

RESPONDENT/STATE:-

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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ADV. SRI. I.V PRAMOD, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No. 4620 of 2011

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------------------------------Dated this the 10^th day of June, 2011.

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O R D E R

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Petitioner who is the sole accused in C.C. No.723 of 2009 on the file of the Judicial Magistrate of the First Class,Kunnamkulam for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks anticipatory bail.

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Consequent on the non-appearance of the petitioner, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. But at the same time, I am inclined to permit the petitioner to surrender before the Magistrate and file an application for regular bail. Accordingly, If the petitioner surrenders before the Magistrate within two weeks from today and files an application for regular bail, the Magistrate shall, preferably on the same date on which the application is filed, release the petitioner on bail on the petitioner executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:-

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Petitioner shall report before the Ministerial Officer of the Magistrate Court, Kunnamkulam between 10 a.m. and 12 noon on all Wednesdays.

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B.A. No. 4620/2011

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: 2:

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The petitioner shall appear before the Magistrate on all the dates of posting of the above case.

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Petitioner shall not commit any offence while on bail.

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If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

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This petition is disposed of as above.

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sd/- V.RAMKUMAR, JUDGE.

Hakkim v. State of Kerala

Case brief

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Hakkim v. State of Kerala

Case brief

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