Kerala High Court
Bail Appl./10759/2011 of SUDHIRKUMAR 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. 10759 of 2011() ------------------------------ C.C. NO. 1591/2009 OF THE COURT 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. 10759 of 2011()
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C.C. NO. 1591/2009 OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS,KUNNAMKULAM
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PETITIONER/ACCUSED
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SUDHIRKUMAR,
S/O. KUTTAN, THERUPARAMBIL HOUSE,
MANGAD VILLAGE AND DESOM, P.O. MANGAD,
THALAPPILLY TALUK, THRISSUR DISTRICT.
BY ADV. SRI.ALAN PAPALI
RESPONDENT/COMPLAINANT
------------------------------------------- STATE OF KERALA (S.I. OF POLICE, KUNNAMKULAM POLICE STATION), REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI. R. RANJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S.GOPINATHAN, J
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B.A. NO. 10759 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: 1591/2009 filed apetition under Section 438 of the Code of Criminal Procedure before theSessions Judge, Thrissur, seeking an order directing the respondent torelease the petitioner on bail in the event of arrest. By Annexure II order, thelearned Sessions Judge dismissed the petition. Seeking the same relief, thispetition is filed.
2. Having heard either side, it is revealed that the offence alleged 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