Partly allowed

P.Abdulla v. Station House Officer, Valapattanam

Kerala HC16 Jun 2011Bail Appl./4769/2011

Case brief

AI extract

What is this about?

In this bail application regarding a cheque dishonour case, the High Court of Kerala conditionally permitted the petitioner to surrender within two weeks to seek regular bail, provided he executed a bond and met specific reporting conditions, denying anticipatory bail to nullify existing warrants.

What did the court decide?

Petitioner permitted to surrender within two weeks to apply for regular bail; bail granted upon execution of bond and compliance with reporting and appearance conditions.

P.Abdulla Vs Station House Officer, Valapattanam — Cheque Dishonour | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Bail Appl..No. 4769 of 2011() ----------------------------CC.227/2005 of J.M.F.C.-II, KANNUR L.P.C. NO. 166/2005 of JUDICIAL FIRST CLASS MAGISTRATE -II, KANNUR .................... PETITIONER/ ACCUSED: --------------------------P.ABDULLA,S/O.KATHEEM, AGED 46 YEARS, POKANTAKATH HOUSE,NEAR POKKILAGATH MASJID P.O.VALAPATTANAM, KANNUR DISTRICT

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BY ADV. SRI.P.U.SHAILAJAN

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RESPONDENT/ COMPLAINANT:----------------------------------STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR DISTRICT REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM

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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. 4769 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.C. No.166 of 2005 on the file of the Judicial Magistrate of the First Class-II, Kannur 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, Kannur between 10 a.m. and 12 noon on all Wednesdays.

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B.A. No.4769/2011

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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.

P.Abdulla v. Station House Officer, Valapattanam

Case brief

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P.Abdulla v. Station House Officer, Valapattanam

Case brief

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What did the court decide?

What the court decided

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