IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 4383 of 2011 ------------------------- CC.211/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER: ACCUSED A-1 -------------------------- RISHIL N.K., S/O.RAVEENDRAN, NALINAM VEEDU PANAYATHAM PARAMBU, EDAYANNUR P.O. KANNUR. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I OF POLICE, TIRUR POLICE STATION (CRIME NO.571 OF 2006 TIRUR POLICE STATION). BY PUBLIC PROCECUTER SRI.P P NOUSHAD THOTTATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STK N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4383 of 2011 ------------------------------------------ Dated this the 21st day of December, 2011 ORDER Petitioner is the first accused in CC.211/07 of JFCM, Tirur. The offences alleged against against him are under Section 408 and 420 IPC. The allegation regarding cheating was with respect to the amount of Rs.6,76,200/- It was alleged that the petitioner did not pay the said amount. The learned counsel for the petitioner submits that though the matter was referred to Adalath, it was not settled. The learned counsel for the petitioner submits that the petitioner was represented in this court by his counsel but later warrant was issued against him. The case is of the year 2008. If the allegation regarding the cheating is true, the interest for the said amount itself would work out to be more than Rs. 1 ½ lakhs. The counsel submits that the petitioner is now ready to surrender before the court below within one month from today. The request Crl.M.C.No. 4383 of 2011 -: 2 :- made by the learned counsel for the petitioner is that the petitioner's bail application may be ordered to be considered on the same day. If the accused surrenders before the learned Magistrate within one month from today and if he deposits a sum of Rs.50,000/-on that day and also convinces the court below that his non-appearance was not wilful and that will be present at the time of trial, the learned Magistrate will consider his bail application as expeditiously as possible. N.K. BALAKRISHNAN, JUDGE smvd