IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 263 of 2008() ---------------------------- CC.4/2008 of J.M.F.C.,KOYILANDY .................... PETITIONER : --------------------- BASHEER, S/O. NADAMMAL ALIKUNHI, THEKKE PANAYIL HOUSE, THIRUVANGOOR, KOYILANDY, KOZHIKODE. BY ADV. SRI.B.V.JOY SANKER RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUNNATH KUNHIRAMAN, EDAVANAPOYIL KUNI HOUSE, CHEMANCHERRY, KOYILANDY, KOZHIKODE. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 263 OF 2008 ------------------------------------------------- Dated this the 10th day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations under Sec.138 of the Negotiable Instruments Act. Proceedings were initiated as early as in 2002. The petitioner was absconding and could not be apprehended. The petitioner has now been arrested and produced. His application for regular bail was dismissed by the learned Magistrate. 2. The learned counsel for the petitioner submits that the absence of the petitioner earlier was not wilful or deliberate; but was due to reasons beyond his control. He is willing to abide by any reasonable terms and conditions. He may be enlarged on bail. To show his bona fides, he shall B.A. No. 263 OF 2008 -: 2 :- deposit 10% of the cheque amount as security also, offers the learned counsel for the petitioner. I am satisfied that subject to appropriate conditions, the petitioner can now be enlarged on bail. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall deposit an amount of Rs.10,000/- as cash security before the learned Magistrate which amount shall be retained in a Fixed Deposit for a period of one year such that the capital along with the interest can be released to such party who is found entitle to the same ultimately. (ii) He shall execute a bond for Rs.75,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (R. BASANT, JUDGE) Nan/