Kerala High Court

Bail Appl./10740/2011 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. 10740 of 2011() ---------------------------------------- (C.C.NO.1508/2009 OF THE COURT OF 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. 10740 of 2011()

----------------------------------------

(C.C.NO.1508/2009 OF THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM.)

PETITIONER/ACCUSED

---------------------------------

SUBASH @ SUBASHKUMAR,

AGED 33 YEARS,

S/O.KUTTAN, 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.VIMAL.J

RESPONDENT/COMPLAINANT

-------------------------------------------- STATE OF KERALA (S.I.OF POLICE

KUNNAMKULAM POLICE STATION) REPRESENTED BY

THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY P.S.ABDUL KAREEM, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

P.S.GOPINATHAN, J

----------------------------

B.A. NO.10740 OF 2011

--------------------------

Dated this the 30[th] day of December, 2011.

O R D E R

Petitioner, who is the accused in C.C.No: 1508/2009 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 I order, thelearned Sessions Judge dismissed the petition. Seeking the same relief, thispetition is 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

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