Kerala High Court
Bail Appl./10742/2011 of SUBASH @ SUBASHKUMAR Vs STATE OF KERALA on 30 December 2011
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl. No. 10742 of 2011( A ) -------------------------------------- CC.1556/2009 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933
Bail Appl. No. 10742 of 2011(A)
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CC.1556/2009 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM
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PETITIONER/ACCUSED:
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SUBASH @ SUBASHKUMAR, AGED 33 YEARS,
S/O.KUTTN, THERUPARAMBIL HOUSE,
MANGAD VILLAGE AND DESOM, P.O. MANGAD,
THALAPPILLY TALUK, THRISSUR DISTRICT.
BY ADVS. SRI. ALAN PAPALI
SRI. SOJAN MICHEAL
SRI. GILBERT GEORGE CORREYA
SRI. J. VIMAL
RESPONDENT/COMPLAINANT
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STATE OF KERALA, (S. I. OF POLICE,
KUNNAMKULAM POLICE STATION) REPRESENTED
BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SRI. P. S. ABDUL KAREEM
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DST
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B.A. NO.10742 OF 2011
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Dated this the 30[th] day of December, 2011.
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O R D E R
Petitioner, who is the accused in C.C.No: 1556/2009 filed a petitionunder Section 438 of the Code of Criminal Procedure before the SessionsJudge, Thrissur, seeking an order directing the respondent to release thepetitioner on bail in the event of arrest. By Annexure II order, the learnedSessions Judge dismissed the petition. Seeking the same relief, this petitionis filed.
2. Having heard either side, it is revealed that the offencealleged is under Section 138 of the Negotiable Instrument Act. It isadmittedly a bailable offence. Therefore, the bail is a matter of right. Thepetitioner can apply for bail before the trial court. With this observation, thispetition is disposed of with direction to the petitioner to surrender beforethe trial court.
Sd/-
P.S.GOPINATHAN,
JUDGE
//True Copy//
P.A to Judge