Kerala High Court
Crl.MC/9663/2022 of SAJU BIN SALIM Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 CRL.MC NO. 9663 OF 2022 PETITIONER/ACCUSED No.2: SAJU BIN SALIM AGED 34 YEARS, S/O. SALIM, PLOT NO. 201, 5TH CROSS, DOLLARS COLONY , RMV 2ND STAGE,
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944CRL.MC NO. 9663 OF 2022
PETITIONER/ACCUSED No.2:
SAJU BIN SALIMAGED 34 YEARS,S/O. SALIM, PLOT NO. 201, 5TH CROSS, DOLLARS COLONY , RMV 2ND STAGE, BANGALORE, 560 094.RESIDING AT NIKOO HOMES1, TOWER 3, 32105 THANISANDRAMAIN ROAD ,BANGALORE, PIN – 560 064
BY ADVS. M.T.SURESHKUMAR N.BIJA KRISHNA P.R.JAYASANKAR DARSAN SOMANATH MANJUSHA K SREELAKSHMI SABU
RESPONDENTS/STATE & COMPLAINANT:
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682 0312P.O PAULAGED 47 YEARSS/O OUSEPH ,RESIDING AT PERIPPADAN HOUSE , KOTTANELLOOR P O , KUTHIRATHADAM, THRISSUR DISTRICT, PIN – 680 662
BY ADV.PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.RENJITH GEORGE -SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J
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Crl.MC No. 9663 of 2022
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Dated this the 30[th] day of December,2022
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ORDER
The petitioner is the 2nd accused in S.T. No.4124 of 2017, on the file of Judicial First Class Magistrate, Chalakkudy. The above case is registeredbased on a complaint filed under Section 138 of Negotiable InstrumentAct, by the 2nd respondent.
2. The learned counsel for the petitioner submits that thepetitioner has not received any summons from the court and now warrant isissued. The petitioner submits that he is ready to surrender before the Courtconcerned and the bail application may be directed to consider on the dateof surrender. Hence this Crl.MC case is filed.
3. Heard the learned counsel for the petitioner and the learnedPublic Prosecutor. No notice is necessary to the 2nd respondent.
5. Since the petitioner is ready to surrender before the courtbelow, I think there can be a direction the court concerned to consider thebail application also, if such a bail application is filed on the date of surrender itself. Therefore the Crl.MC No.9663 of 2022 is allowed in thefollowing manner:
i) The petitioner is free to surrender before the Judicial Magistrate of First Class, Chalakudy, on the next postingdate.
(ii) The petitioner is free to file a bail application with advance copy to the prosecutor concerned and the2nd respondent and if such an application is filed, the trialcourt will consider the same and pass appropriate ordersin that application on the date of surrender itself.
(iii) Till the next posting date, no coercive steps shall betaken against the petitioner.
AMR
Sd/-P.V.KUNHIKRISHNAN JUDGE
APPENDIX OF CRL.MC 9663/2022
PETITIONER’S ANNEXURES
Annexure A1
TRUE COPY OF THE COMPLAINT DATED 28/11/2016