High CourtsSingle Bench(2022) 11 KL CK 0154

Ashaharsha vs State Of Kerala

High Court Of Kerala · Decided on 11 November 2022

HON’BLE JUDGES
A. Badharudeen, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petitions No. 8077 Of 2022

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Judgment

7 paragraphs · 185 words

A. Badharudeen, J

1.

This is a petition filed under Section 482 of the Code of Criminal Procedure with prayer to direct Judicial First Class Magistrate Court-I, Vaikom, to release the petitioner, who is the accused in S.T.No.137/2019, on bail on his surrender, by considering his bail application.

2.

Heard the learned counsel for the petitioner on admission.

3.

Since the matter involved is a bailable offence, the learned Magistrate is directed to consider the bail application, if any, filed by the petitioner on his surrender, on the day itself, taking note that the offence alleged is one under Section 138 of Negotiable Instruments Act, a deemed offence.

Therefore, the petitioner is directed to surrender before the Judicial First Class Magistrate Court-I, Vaikom, within a period of 7 days from today and the bail application, if any filed shall be considered on the date of petitioner's surrender itself.

It is specifically ordered that, if any M.C. proceedings registered for forfeiture of bond, the learned Magistrate shall go with steps to recover the penalty amount from the petitioner/accused and sureties.

Accordingly, this Crl.M.C. is disposed of.