IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 4398 of 2008() ------------------------- S.C.NOS. 109 & 111 OF 2005 OF C.J.M. , DAMAN PETITIONER(S): ACCUSED: ----------------------- HARISHANKAR, PROPRIETOR OF SREEKUMAR, ELECTRICAL SUPER MARKET, BEACH ROAD, KOLLAM- 691 001, RESIDING AT SREENIKETAN, THATTAMALA, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.C.JAMES SRI.T.K.KUNHABDULLA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KILIMANOOR POLICE STATION. 2. ANCHOR DAEWOOD INDUSTRIES LTD., HAVING ITS OFFICE OF DEVKA TAIWAD, NANI DAMAN, DIST.DAMAN, REPRESENTED BY ITS AUTHORISED PERSON MR.KALPESH.J., VAIDHYA MAJOR OCC-SERVICE, RESIDING AT DAMAN. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4398 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2008 O R D E R The petitioner faces indictment in two prosecutions, both under Section 138 of the N.I. Act. Such prosecutions are pending before the Court of the C.J.M. Daman. The petitioner had earlier come to this Court and Annex.I order dt.14.10.2008 in Crl.M.C.3766 of 2008 was issued in his favour. The petitioner has not been able to surrender before the learned Magistrate so far. He now understands that fresh warrants of arrest have been issued against him. He is willing to surrender and seek regular bail, but he apprehends that he may be arrested before he is able to proceed to Daman and get himself enlarged on bail. It is in these circumstances prayed that appropriate directions may be issued under section 482 Cr.P.C. As the offences alleged are bailable offences, he is not able to seek anticipatory bail also, it is submitted. Crl.M.C.No. 4398 of 2008 2 2. I am satisfied that appropriate directions can be issued under section 482 Cr.P.C. 3. This Crl.M.C. is accordingly allowed. The following directions are issued. a) The petitioner shall surrender before the learned C.J.M. Trivandrum on or before 24.11.2008 and shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum undertaking to appear before the learned C.J.M. Daman on or before 2.1.2009. b) The petitioner shall report to the learned C.J.M., Trivandrum on or before 10.1.2009 that he has so appeared before the learned C.J.M. Daman. After appearance before the learned C.J.M., Daman he shall comply with the other orders that are passed by the learned C.J.M. Daman. c) If the petitioner does not appear before the learned C.J.M. Daman as directed above, the learned C.J.M., Trivandrum shall be at liberty to take further proceedings under Section 446 Cr.P.C. against the petitioner thereafter. Crl.M.C.No. 4398 of 2008 3 d) If the petitioner appears before the learned C.J.M. Trivandrum as already directed on 24.11.2008 and executes the bond, coercive processed issued by the learned C.J.M., Daman shall not be executed against him till 2.1.2009. (R. BASANT) Judge tm