Allowed

Ajith Kumar v. the Station House Officer of Police

Kerala HC13 Oct 2022Crl.MC/5212/2022

Case brief

AI extract

What is this about?

A single judge directed the trial court to consider the bail application of an accused in a cheque dishonour case immediately upon his surrender, citing the nature of the offence as a deemed one.

What did the court decide?

Directed trial court to consider bail on surrender; directed petitioner to surrender within ten days; proceedings for forfeiture to result in release of bond.

Ajith Kumar Vs the Station House Officer of Police — Cheque Dishonour | Kerala HC (2022)

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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 A. BADHARUDEEN

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THURSDAY, THE 13TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944

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CRL.MC NO. 5212 OF 2022

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L.P.NO.13/2022 in S.T.NO.100/2016 OF JUDICIAL MAGISTRATE OF FIRST
CLASS - III, ALUVA

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PETITIONER/ACCUSED:

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AJITH KUMAR V.R.,
AGED 49 YEARS
S/O. RAMACHANDRAN NAIR,
VALIYAVILA THEKKETHIL, ULANADU.P.O.,
KULANANDA, PATHANAMTHITTA DISTRICT,
PIN - 689625
BY ADV.O.D.SIVADAS

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RESPONDENTS/COMPLAINANT AND STATE:

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1THE STATION HOUSE OFFICER OF POLICE
ELAVANTHITTA POLICE STATION,
PATHANAMTHITTA DISTRICT.
PIN - 689626
2THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN – 682031
BY SR.PP-SRI.RENJIT GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 5212 OF 2022 2

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O R D E R

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This is a petition filed under Section 482 of Cr.P.C. to direct the Judicial First Class Magistrate III, Aluva, to consider the bail application which would be filed by the petitioner in L.P.No.13 of 2022 arose out of S.T.No.100 of 2016,

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pending before that court.

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Heard the learned counsel for the petitioner.

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It is submitted by the learned counsel for the petitioner that the

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petitioner’s father was suffering from cancer and for the treatment of his father, the petitioner was engaged. After his father’s demise, the petitioner’s daughter

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hospitalized due to cancer and the treatment is going on. On account of these aspects, the petitioner was unable to attend the court. Accordingly, the court below on completion of steps under Sections 82 and 83 of Cr.P.C., transferred the case to long pending register.

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It is submitted that the accused is ready to appear before the jurisdictional court and there may be a direction to the trial court to consider the

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bail application that will be filed by the accused immediately on his surrender.

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Having considered the minimum prayer in a case involving allegation

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CRL.MC NO. 5212 OF 2022 3

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of commission of offence punishable under Section 138 of the Negotiable

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Instruments Act, a deemed offence, I am inclined to allow the petition as under:

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(1) The Judicial First Class Magistrate Court-III, Aluva, is directed to consider the bail application, if any, to be filed by the petitioner on the date of surrender itself, taking note of the fact that the offence involved is only a deemed one.

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(2) The petitioner is directed to surrender before the trial court within ten days from today.

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It is specifically ordered that, if any proceedings initiated for forfeiture of

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bail bond, the same can be proceeded to release the bond amount from the accused and sureties.

Sd/-

A. BADHARUDEEN

JUDGE

//True copy//

PA To Judge

Ajith Kumar v. the Station House Officer of Police

Case brief

What is this about?

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Ajith Kumar v. the Station House Officer of Police

Case brief

What is this about?

What did the court decide?

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