IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Crl.MC.No. 4356 of 2011() ----------------------------------- CC. NO.189/2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, IRINJALAKUDA. ....... PETITIONER(S): ACCUSED --------------------------------------- JOHAR, AGED 32 YEARS, S/O.ANTO, AYINIKKA (H), MARATHAKKARA POST, OLLUR, THRISSUR. BY ADV. SRI.L.RAJESH NARAYAN SRI.I.DINESH MENON RESPONDENT(S): COMPLAINANT -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.D.JOSE, AGED 35 YEARS, S/O.DEVASSYKUTTY, CHEMBAKASSERRY (H), THANNISSERRY P.O., THANNISSERRY. R1 BY PUBLIC PROSECUTOR SRI.NOUSHAD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.4356/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE COMPLAINT DTD. 16.12.2005. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4356 of 2011 ------------------------------------------ Dated this the 20th day of December, 2011 ORDER Petitioner is the accused in CC.189/2006 of JFCM- II, Irinjalakkuda. The complaint against him was filed under Section 138 of Negotiable Instruments Act. The cheque in question was for Rs.2,50,000/-. The case has been pending for nearly 6 years. The accused did not appear before court. Non-bailable warrant is pending against him. It is submitted by the learned counsel for the petitioner that the petitioner was in fact available in the locality but he did not receive any summons. But it is mentioned that after issuance of warrant and initiation of proceedings under Section 82 and 85 Cr.P.C., the case was transferred to the registry of long pending cases and it is now pending as LPC.206/07. The learned counsel submits that had the petitioner been aware he would have appeared in court. He is even now ready to surrender before court but he Crl.M.C.No. 4356 of 2011 -: 2 :- apprehends that he would be denied bail as the case against the accused was reported to be pending. Considering all the aspects, following direction is issued:- Petitioner will surrender before JFCM – II, Irinjalakkuda within three weeks from today. He will make a deposit of Rs. 50,000/- on that day. If he deposits the amount on that day, and if he undertakes that he will abide by all the conditions that may be imposed by the court, his application for bail will be certainly considered and disposed of as expeditiously as possible and the the learned Magistrate will allow him to be released on bail provided the the petitioner co-operates with the court to have an expeditious disposal of the case, as the case has been pending for more than 6 years. The execution of the warrant shall be kept in abeyance for three weeks from today. N.K. BALAKRISHNAN, JUDGE. smvd