IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Crl.MC.No. 2264 of 2011() ------------------------------- CC.974/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): ACCUSED ------------------------------ SHABEER BABU, S/O.KUNHI MOHAMMED, MANGALASSERY HOUSE, A.R.NAGAR P.O., MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- 1. UMMER THALHATH, S/O.KOYANU, KOTTIKULANGARA HOUSE, CHENGOTTUR, KOTTAKKAL, MALAPPURAM, REP.BY BROTHER POWER OF ATTORNEY HOLDER-676001. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.2264/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I:COPY OF THE COMPLAINT FILED BY THE RESPONDENT IN CC 974/2008 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. ANNEXURE II:COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE LEARNED MAGISTRATE AS CMP 674/2011. ANNEXURE III:COPY OF THE ORDER OF THE LEARNED MAGISTRATE DATED 28/05/2011 IN CMP. 674/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. ------------------------------------------------- Crl. M.C No.2264 OF 2011 ------------------------------------------------- DATED THIS THE 10th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. Petitioner is an accused in CC No.974/2008 and the petitioner in CMP No.674/2011 pending before the Judicial First Class Magistrate, Malappuram for offence punishable under Section 138 of the Negotiable Instruments Act. Petitioner's application under Section 205 of Cr.P.C was rejected by the Magistrate by order dated 28-05-2011 stating that petitioner did not appear in the court on summons and Non Bailable Warrant and steps under Section 82 and 83 of Cr.PC are pending against him. I do not find any illegality or impropriety in the order dated 28-05-2011. Learned counsel for the petitioner submits that the petitioner is now ready and willing to surrender and apply for bail. If the petitioner files an application for bail on or before 27-08-2011 the learned Magistrate shall release him on bail on such terms and conditions as he deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge