Disposed

Vinodkumar C.V v. Sub Inspector of Police, Palakkad South

Kerala HC16 Jun 2011Bail Appl./4765/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an anticipatory bail application by declining to nullify existing non-bailable warrants. Instead, the petitioner was permitted to surrender within two weeks and apply for regular bail, with the Magistrate directed to grant bail subject to bond execution and conditions including weekly reporting.

What did the court decide?

Petitioner permitted to surrender within two weeks for regular bail; Magistrate directed to release on bond with conditions if application filed promptly upon surrender.

Vinodkumar C.V Vs Sub Inspector of Police, Palakkad South — 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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THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933

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Bail Appl..No. 4765 of 2011() ----------------------------ST.2150/2009 of J.M.F.C.-III,PALAKKAD

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PETITIONER:

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VINODKUMAR C.V,S/O.DR.VIJAYACHANDRAN CHELERY, HOUSE NO-272, NEAR SHISHYA SCHOOL, CHANDRA NAGAR, PALAKKAD-678 007

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BY ADV. SMT.AYSHA YOUSEFF

SRI.JOBI.A.THAMPI

RESPONDENTS:-

SUB INSPECTOR OF POLICE, PALAKKAD SOUTH POLICE STATION, PALAKKAD DISTRICT 678 007.

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STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No. 4765 of 2011

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------------------------------Dated this the 16^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 L.P. No. 18 of 2010 on the file of the Judicial Magistrate of the First Class-III, Palakkad 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, Palakkad between 10 a.m. and 12 noon on all Wednesdays.

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B.A. No. 4765/2011

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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.

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//True Copy//

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P.A to Judge.

Vinodkumar C.V v. Sub Inspector of Police, Palakkad South

Case brief

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Vinodkumar C.V v. Sub Inspector of Police, Palakkad South

Case brief

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