V.R.Asokan vs Jose Francis

[Cites 2, Cited by 1]

Kerala High Court

V.R.Asokan vs Jose Francis

Bench: P.Ubaid

       

  

  

 
 
                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                    PRESENT:

                            THE HONOURABLE MR.JUSTICE P.UBAID

          WEDNESDAY, THE 8TH DAYOF OCTOBER 2014/16TH ASWINA, 1936

                                          Crl.MC.No.5628 of 2014
                                          ----------------------------------


ST NO.138/2010 of JUDICIAL FIRST CLASS MAGISTRATE- II,THODUPUZHA

PETITIONER/COMPLAINANT:
------------------------------------------

          V.R.ASOKAN,S/O VS RAGHAVAN,AGED 52 YEARS,
          4/490,VAMBILIKUNNAN HOUSE,ELANTHURUTHU,
          AYYANTHOL,THRISSUR.

           BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS/ACCUSED AND STATE OF KERALA:
--------------------------------------------------------------------------

1.        JOSE FRANCIS,S/O FRANCIS,AGED 52 YEARS,
          KAVIYIL KALAPURACKAL HOUSE, OLANI KARA,
          THODUPUZHA VILLAGE,THODUPUZHA TALUK-685001.

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

          BY SENIOR PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P

           THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
          ON 08-10-2014, THE COURT ON THE SAME DAY PASSED THE
          FOLLOWING:




pk

Crl.MC.No.5628 of 2014
----------------------------------

                                          APPENDIX

PETITIONERS EXHIBITS
-------------------------------------

ANNEXURE A1: A TRUE COPY OF THE ORDER IN ST 138/10 OF THE JUDICIAL
MAGISRATE OF THE FIRST CLASS- II,THODUPUZHA DATED 30.11.11.

RESPONDENTS EXHIBITS:                         NIL
---------------------------------------


                                                      //TRUE COPY//




                                                      P.S.TO JUDGE




pk



                            P. UBAID, J.
                ---------------------------------------
                     Crl.M.C. No. 5628 Of 2014
                ---------------------------------------
             Dated this the 8th day of October, 2014


                             O R D E R

Petitioner herein has been facing prosecution under Section 138 of the Negotiable Instruments Act in S.T. No. 138/2010 before the judicial First Class Magistrate Court, Thodupuzha. Trial is now at the second round on remand made by the appellate court. On the apprehension of arrest in execution of the warrant of arrest issued from the court, the petitioner brought this petition under Section 482 Cr.P.C. for a direction to the learned magistrate to consider his application for bail on surrender. He wants to surrender, but he apprehends that he will be remanded to judicial custody by the learned Magistrate. I do not think that the learned Magistrate will mechanically remand the petitioner to judicial custody when the offence is bailable. Of course, the learned Magistrate may think of imposing certain conditions in the special circumstances where the petitioner remained consistently absent without excuse. That apart, there Crl.M.C.. No. 5628/2014 2 is no reason for such apprehension that he will be remanded to judicial custody. However, a direction can be made to the learned Magistrate.

In the result, this Crl.M.C. is closed with direction to the court below that in case the petitioner makes application for bail on surrender, the same shall be judiciously considered and decided on the date of surrender itself.

Sd/-


                                                 P. UBAID, JUDGE

sd




                          // TRUE COPY //      P.A. TO JUDGE

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