IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Crl.MC.No. 2763 of 2008() ------------------------- PETITIONER: ------------ ARUNKUMAR.K.S, S/O.PROF.M.K.GANGHADARAN KALLARA HOUSE, MUNDELA.P.O, VELLANADU, THIRUVANANTHAPURAM. (HAVING AN OFFICE ADDRESS AT M/S.HORIZON BUILDERS & DEVELOPERS 14/D1, MAHARAJA COMPLEX SOUTH NADA, GURUVAYOOR, PIN-680 101. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2763 of 2008 ------------------------------------------------- Dated this the 23rd day of July, 2008 ORDER The petitioner faces indictment in 21 prosecutions – all under Sec.138 of the Negotiable Instruments Act, initiated by the different complainants before various courts. There are as many as 8 courts before which these 21 cases are pending. According to the petitioner, he is absolutely innocent. His employees are guilty of mis-management of his business and they had allegedly made improper and culpable use of the cheque leaves of the petitioner which were available with them in connection with the management of the business. The petitioner is facing grave financial difficulties. In these circumstances, the petitioner is finding it difficult to offer sureties or cash security before these 8 courts before which the cases are pending. The petitioner wants to appear before Crl.M.C. No. 2763 of 2008 -: 2 :- these courts in obedience to the directions of the courts. But he apprehends that if he appears and applies for bail, he will be compelled to produce sureties. He is unable to secure the services of sureties to come to these 8 different courts to bail him out. In these circumstances, it is prayed that directions may be issued to the learned Magistrates to release the petitioner on self-bond. The learned counsel for the petitioner submits that to show his bona fides, the petitioner is willing to deposit an amount of Rs.1,000/- each in these 21 cases as cash security to assure the courts that he shall be present before the courts either personally or through pleader when the cases come up for hearing. 2. I have sympathy for the plight of the petitioner. The petitioner is willing to appear before the learned Magistrates. He submits that he shall appear and apply for bail and deposit a cash security of Rs.1,000/- in each case. He further submits that he shall apply for exemption and appear through counsel. On all dates of posting, the petitioner shall either appear personally or through pleader before the courts in all these cases. A lenient view may be taken and bail may be granted to the petitioner without insisting on sureties, submits the learned counsel for the petitioner. This, in short, is the prayer made. Crl.M.C. No. 2763 of 2008 -: 3 :- 3. It is certainly for the learned Magistrates concerned to exercise their discretion at the first instance about the condition that ought to be imposed while granting bail. I shall not interfere with that discretion now. But in the peculiar facts and circumstances of this case, I am satisfied that appropriate directions under Sec.482 Cr.P.C. can and ought to be issued in favour of the petitioner. 4. In the resultL (a) This Crl.M.C. is allowed in part. (b) The petitioner shall appear before the Additional C.J.M., Thiruvananthapuram (C.C.Nos.73, 74, 75, 76, 77, 333, 480 and 309/07); J.F.C.M.-IV, Kozhikode (S.T.Nos.720/07& 412/07 and 840/06); J.F.C.M.-V, Thiruvananthapuram (S.T.Nos.434 and 427/07); J.F.C.M. Court-X, Thiruvananthapuram (S.T.No.229/08); J.F.C.M., Changanassery (S.T.No.2259/07 and CMP No.991/07); C.J.M. Thiruvananthapuram (S.T.No.693/07); J.F.C.M.-III, Thiruvananthapuram (S.T.Nos.216/07, 1886/06, 1217/07) and J.F.C.M., Kattakada (S.T.No.751/07) and shall apply for bail. The petitioner may specifically request that he may be released on his own bond and offer to provide cash security of Rs.1,000/- each. He may also apply for exemption from personal Crl.M.C. No. 2763 of 2008 -: 4 :- appearance. The learned Magistrates concerned shall consider such applications on merits, in accordance with law and expeditiously. Appropriate orders shall be passed. The learned Magistrates must take note of the fact that in a prosecution like the one under Sec.138 of the N.I. Act, it is not necessary to insist on personal appearance of the indictee on all dates of posting if he is willing and offers to appear through counsel if exemption is granted. Appropriate decisions shall be taken on such applications and orders passed. But it is directed that if the request for release on bail on such cash security without insisting on sureties were not allowed, the petitioner shall be granted time of 60 days from the date of the order to produce such sureties or to challenge the orders before the superior courts. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge