IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 198 of 2009() ------------------------------------- PETITIONER(S): ------------------------- ARUN KUMAR.K, 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-680101. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ----------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.198 of 2009 ---------------------------------------- Dated this the 15th day of January 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. The petitioner had come before this court earlier by filing one Crl.M.C lamenting about his predicament as he was forced to face 21 different prosecutions all under Section 138 of the Negotiable Instruments Act before different courts in Kerala. By order dated 23/7/2008, the petitioner was permitted indulgently to appear before the courts concerned and claim release on his own bonds offering a cash security of Rs.1,000/- in each case. The learned Magistrates were directed to consider such request and pass appropriate orders. It was also further directed that in case the Magistrates concerned do not accept the request of the petitioner, he shall, at any rate, be released on bail and be granted 60 days further time to comply with the conditions imposed in the bail order. 2. That order was passed on 23/7/2008. The petitioner did not appear before the learned Chief Judicial Magistrate, Crl.M.C.No.198/09 2 Thiruvananthapuram till the petitioner was arrested and produced before the learned Chief Judicial Magistrate, Thiruvananthapuram on 01/11/2008. At that stage, the petitioner, relying on the order in Crl.M.C.No.2063/2008 dated 23/7/2008 prayed for permission to make a cash security of Rs.1,000/- and be enlarged on bail on his own bond. The learned Chief Judicial Magistrate, by the impugned order, wherein the learned Chief Judicial Magistrate has considered in detail all relevant circumstances, took the view that the petitioner is not entitled to any such indulgence and directed that he be released on bail only on his executing a bond for Rs.10,000/- with two solvent sureties each for the like sum. In view of the sureties, he was permitted to make a cash security of Rs.10,000/-. The petitioner said to be aggrieved by the conditions imposed. He prays that he may be directed to be released on bail by remitting cash security of Rs.1,000/-. The learned Magistrate has not remanded the petitioner to custody; but has given the petitioner sixty days time to comply with the directions in tune with the order dated 23/7/2008 passed by this court. Crl.M.C.No.198/09 3 3. The short question is whether conditions imposed by the learned Magistrate are fair, reasonable, proper and just. The learned Magistrate has particularly considered the fact that the petitioner in whose favour the order dated 23/7/2008 was passed, did not appear before the learned Magistrate till 01/11/2008 obliging the complainant to take steps for the apprehension of the petitioner/accused and obliging the court to take such coercive steps. In any view of the matter, I am unable to agree that the order passed by the learned Magistrate is not fair, reasonable and just. No satisfactory explanation is offered as to why the petitioner as a law abiding citizen did not appear before the learned Magistrate armed by the order dated 23/7/2008 till 01/11/2008. That piece of contumacious conduct on the part of the petitioner disentitles him for any further leniency and indulgence at the hands of this court. 4. This Crl.M.C is in these circumstances dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.198/09 4 Crl.M.C.No.198/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008