Allowed

V.G.George v. State of Kerala

Kerala HC11 Aug 2015Crl.MC/4423/2013

Case brief

AI extract

What is this about?

High Court of Kerala allowed a Criminal Miscellaneous Petition under Section 482 CrPC. The petitioner, accused under Section 138 of the Negotiable Instruments Act, surrendered under a misunderstanding that the case was withdrawn, leading to a non-bailable warrant and listing in the long pending register. The Court directed surrender and granted bail on usual conditions upon appearance.

What did the court decide?

The petitioner shall surrender within one month; upon appearance and filing a bail application, he shall be released on bail notwithstanding the long pending register listing.

V.G.George Vs State of Kerala — Cheque Dishonour | Kerala HC (2015)

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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 K.P.JYOTHINDRANATH

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TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937

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Crl.MC.No. 4423 of 2013 (C)

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LP No. 49/2003 of J.M.F.C.-I, ALAPPUZHA

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PETITIONER(S)/ACCUSED:

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V.G.GEORGE, AGED 50 YEARS, S/O. V.A.GEORGE, MULACKAL HOUSE, VALLAMANGALAM SOUTH P.O., THURAVOOR, CHERTHALA-688 532.

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BY ADVS. SRI. C.V.MANUVILSAN SRI. P.G.SURESH SRI. G.SUDHEER (THURAVOOR) SMT. K.VIDYA SRI. RAJAN VISHNURAJ SRI. V.HARISH

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RESPONDENT(S)/RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY PUBLIC PROSECUTOR SRI. N. SURESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.P. JYOTHINDRANATH, J.

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Crl.M.C.No.4423 of 2013

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Dated this the 11^th day of August, 2015

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O R D E R

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This is an application filed under Section 482 of the

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Code of Criminal Procedure.

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When the petition came up for hearing, the counsel for the petitioner submitted before me that the petitioner is the accused in a complaint filed alleging offence under Section 138 of the Negotiable Instrument Act. It is the submission that the petitioner was originally granted bail by the concerned Court. Since the matter was practically settled, and under the impression that the complainant will withdraw the complaint, petitioner went to Meghalaya.

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It is the further submission that now, when the petitioner came to the native place, came to know that a

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Crl.M.C.No.4423 of 2013

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non bailable warrant is pending against the petitioner and the Court now entered the case in the long pending register as LP.No. 49/2003. It is the submission that if the petitioner is arrested, there is every chance of denying the bail, as originally he was granted bail and it will appear that he was jumped the bail.

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It is the further submission that the petitioner is a law abiding citizen and he had not appeared before the Court under the bona fide impression that the case might had withdrawn by the complainant.

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The complainant is arrayed as the respondent herein and the Registry has recorded as service complete. No representation for the complainant.

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I heard the Prosecutor. Considering the fact that the offence alleged is under Section 138 of the Negotiable Instrument Act, the following order passed:

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The petitioner shall surrender before the Magistrate

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Crl.M.C.No.4423 of 2013

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within one month of this order. On such appearance if a bail application is moved, he shall be released on bail not withstanding the fact that the matter is referred to long pending register. On such surrender and moving bail application the Court shall renumber the case and shall grant bail on usual conditions.

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On the above terms this petition is allowed.

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Sd/-

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K.P. JYOTHINDRANATH JUDGE

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V.G.George v. State of Kerala

Case brief

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V.G.George v. State of Kerala

Case brief

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