Disposed

Sai Associates v. State of Kerala

Kerala HC18 Dec 2020Crl.MC/5801/2020

Case brief

AI extract

What is this about?

The court permitted the petitioner, a company and its managing director accused in a cheque dishonour case, to surrender before the trial court. Permission was granted to file a bail application, which the magistrate must consider on the day of surrender. The non-bailable warrant was kept in abeyance for two weeks.

What did the court decide?

Petitioner permitted to surrender and apply for bail; non-bailable warrant kept in abeyance for two weeks; bail to be considered on day of surrender.

Sai Associates Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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.G.ARUN

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FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

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Crl.MC.No.5801 OF 2020(E)

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PETITIONER/S:

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1 SAI ASSOCIATES REPRESENTED BY ITS PROPRIETOR, ADARSH MURALEEDHARAN, AGED 35 YEARS, S/O.MURALEEDHARAN, ANJALI HOUSE, OPPOSITE AVANEESWARAM RAILWAY STATION, VILAKUDY, PATHANAPURAM, KOLLAM DISTRICT, PIN-691508.

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2 ADARSH MURALEEDHARAN, AGED 35 YEARS S/O.MURALEEDHARAN, ANJALI HOUSE, OPPOSITE AVANEESWARAM RAILWAY STATION, VILAKUDY, PATHANAPURAM, KOLLAM DISTRICT, PIN-691508.

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BY ADV. SRI.P.A.MUJEEB

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RESPONDENT/S:

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

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.5801/2020

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V.G.ARUN, J.

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CRL.M.C.No. 5801 of 2020

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Dated this the 18^th day of December, 2020

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O R D E R

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The 1^st petitioner is a Company and the 2^nd petitioner is the Managing Director of the Company. They are arrayed as accused 1 and 2 in L.P.No.20 of 2020 in C.C.No.556 of 2019 on the files of the Judicial First Class Magistrate Court-III, Muvattupuzha. Cognizance in the case was taken on the basis of a complaint filed alleging commission of offence under Section 138 of the Negotiable Instruments Act. The petitioner failed to appear before the court in spite of summons being issued and this resulted in the court issuing non bailable warrant to the petitioner and the case being included in the long pending register. The petitioner seeks permission to surrender before the court and to move application for bail and for a direction to the court to consider the bail application on the date of surrender itself.

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Considering the fact that the calender case is only of the year 2019, the petitioner is permitted to surrender before the Judicial First Class Magistrate Court-III, Muvattupuzha in L.P.No.20 of 2020 in C.C.No.556 of 2019 and move an application for bail. In such event, the learned Magistrate shall consider the application on the date of

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Crl.MC.5801/2020

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surrender and pass appropriate orders thereon on the same day itself. In order to provide an opportunity for the petitioner to surrender and move the bail application, the non bailable warrant issued against the petitioner shall be kept in abeyance for two weeks.

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The criminal M.C is disposed of as above.

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Sd/- V.G.ARUN, JUDGE

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vgs

Sai Associates v. State of Kerala

Case brief

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What did the court decide?

Sai Associates v. State of Kerala

Case brief

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What did the court decide?

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